Separation in a legal context may not necessarily mean physical separation. It could also apply to couples who are still living together. Therefore, both parties must show the intent to be apart from each other.\u00a0<\/p>\n\n\n\n

If one party of the divorce is living overseas because of a work obligation while the spouse remains in Singapore, then even though they are physically separated, the separation in this case was caused by work obligations and not an intent to divorce.<\/p>\n\n\n\n

Loss of Consortium  <\/h3>\n\n\n\n

Consortium in a marriage is the right to companionship and association between each other. In other words, the intimacy and time spent with each other. In most divorce cases, there is a loss or reduction of consortium which leads to separation.\u00a0<\/p>\n\n\n\n

However, if the couple are physically separated and living far away from each other, but still speak to each other regularly as if they were still together, or do not show any intent to end the marriage, then they will not be considered separated.<\/p>\n\n\n\n

The separation will also need to be over a continuous period of time. The court will generally promote attempts at reconciliation and if the couple manage to live with each other again but fail after less than 6 months, they will still be considered separated.<\/p>\n\n\n\n

How To Prove Separation While Living Together?<\/h3>\n\n\n\n

While it may seem impossible, it is actually possible to prove separation while still living together with your spouse. Both parties will need to maintain separate households even if they are living under the same roof.\u00a0<\/p>\n\n\n\n

The judge will also consider the circumstances of the case including loss of consortium and a breakdown in the marriage while they were living together.\u00a0<\/p>\n\n\n\n

During this period, both parties will also be expected not to engage in typical spousal duties which can include cleaning and cooking for each other. Both parties will also be expected to maintain separate finances and sleep in different rooms.<\/p>\n\n\n\n

Desertion<\/h3>\n\n\n\n

While separation refers to a mutual agreement between the couple, desertion depends on the deserting party\u2019s frame of mind. It must be shown that the person had the intention to permanently end the marriage. This can apply if one party leaves the house, or if they have separated but one party refuses to resume cohabitation.<\/p>\n\n\n\n

The desertion must also occur at least over two consecutive years, and likely to continue longer.<\/p>\n\n\n\n