Judicial Separation

[heismystrength]

anyone heard of the above? does it mean if one party file for the above?

What is the difference between judicial separation and divorce?

 

[sgbabydoll]

It means legal separation where "there is a judicial decree regulating the rights and responsibilities of a married couple living apart." It means you will remain married, but you do not have to live together. You also get to settle any disputes with regard to child support and joint properties through formal judgement.

If I am not wrong, you have to show that you cannot be expected to live with your spouse, you know, one of the same grounds as for a divorce.

 

[studentoflife]

doll how long is a divorce peition till judgement.

 

[heismystrength]

thanks Doll

 

[sgbabydoll]

Student, hard to say. It depends on whether the couple prefer to sit down and iron all differences out first.

 

[studentoflife]

just return from legal aid bureau for legal advise. the lawyer is very helpful.

i guess i will seek their aid by engaging their help in the divorce suit

 

[simpleman]

Talk about judiciary separation - I think this is interesting. I am aware of this and pondering.

Legally still married but you can act as if you are divorced - depending on what suits you.

For eg. for married couples you can still remain married to enjoy child-levy subsidy, maid-levy subsidy etc etc Like my wife still can enjoy health benefits from my company..

On the other hand you can buy two private properties and still have owner occupation concessionary rates for property tax for both properties - something you can't do for a married couple.

Judiciary separation is good if both parties are not thinking about re-marrying.

 

[sgbabydoll]

SM, the parties have to show that they cannot be expected to live together for legal separation?

 

[simpleman]

doll, I guess that is pretty easy. Same as divorce. Or have already separated for a long period (like my case)

Or noo sex is probably a good reason. ha ha

And in the event of death of one, without a will, the asset and property will not go to the other party - unlike when still married.

 

[sgbabydoll]

SM, key thing is both parties are agreeable to and comfortable with the arrangement hor.

 

[heismystrength]

Hi SM, do you know if once we chose the path of judical separation, can still opt for divorce, incase one party found a better partner later in life.

 

[simpleman]

heismystrength,

Yes. Of course. You should have a very easy divorce if you are already legally separated. this is because all the questions of asset etc etc have already been taken care of.

 

[simpleman]

doll,

Naturally. For people contemplating judiciary separation (and not divorce), they must be on quite agreeable terms. Otherwise they would have file for straight divorce.

 

[sgbabydoll]

SM, you said that "judiciary separation is good if both parties are not thinking about re-marrying", wouldn't it be difficult for one party who wants to divorce and remarry if the other party does not agree?

 

[simpleman]

doll,

When judiciary separated - it is as good as divorce. There is no grounds for one party to reject the divorce .. anyway, rejection is also useless because it just need one party to file the papers.

I guess it is so much easier because things like assets, custody etc etc would already been settled in the judiciary separation.

 

[sgbabydoll]

SM, so if legally separated for four years and above, either party can get an easy divorce since four-year separation can lead to a dissolved marriage. I think I get what you meant liao.

 

[maison]

I read in a website about this Judiciary Separation and Deed of Separation. Are these the same things?
Coz I read that the Deed of Separation is a private document. Does that mean that this separation will not affect the hdb flat? Coz I know the flat will be affected in the case of a divorce. The flat would have to be returned.
Please someone can advice?

 

[simpleman]

Judiciary Separation and Deed of separation are different things:

Deed of separation, as you said is a private document and documentation of the separation terms - eventually may lead to a divorce.

Judiciary Separation is for couples who would like to like to remain legally married (for certain practical reasons) and yet it is like divorced.

Most people will go from separation to divorce. Judiciary separation is not very popular as most people would want to have clear-cut status.

 

[huggies85]

would dating someone else while being married to another affect the outcome of child custody when we plan to divorce next year

 

[pingping]

If I want to opt for judiciary separation for the sake of my kids, as I am a sahm and can't afford to find my own lodging and to provide for the kids alone. We hv slept apart for almost a year, and I don't go back to his parent's place for dinner anymore. Let's just say that I had enough, I tried to tolerate for my kids but my health is now greatly affected, and I can't take it anymore to the point when I wake up the next day feeling unhappy and lost. I want to stay happy for my kids but it's getting harder and harder as days goes by.

Hi Doll, do you hv any affordable lawyer to recommend?

 

[sgbabydoll]

PingPing, I have sent you a PM on my lawyer's contact details.

 

[pingping]

Has anyone done a judicial separation? What is the estimated cost? Anyone ,pls advise.

 

[advisor00]

I've noted thru the past few months quite alot of these posts, about marriage coming to an end even before it takes off.

If this goes on, eithier the divorce lawyers are going to be very happy or there will be many unhappy ppl who went thru a very hasty marriage!