Post Separation Agreement Template for Singapore

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Key Requirements PROMPT example:

Post Separation Agreement

"Need a Post Separation Agreement for a senior software engineer leaving our Singapore tech company on March 15, 2025, with specific focus on protecting our intellectual property and including a 12-month non-compete clause for the APAC region."

Document background
A Post Separation Agreement becomes necessary when an employment relationship ends and both parties need to formalize their ongoing obligations and rights. This document is particularly important in Singapore's business environment where protection of confidential information and clear delineation of post-employment obligations are crucial. The agreement typically covers financial settlements, continued confidentiality obligations, non-compete restrictions where applicable, and the return of company property. It provides legal certainty under Singapore law and helps prevent future disputes by clearly documenting agreed terms.
Suggested Sections

1. Parties: Identification of the separating parties with full legal names and addresses

2. Background: Brief history of employment relationship and circumstances leading to separation

3. Definitions: Key terms used throughout the agreement

4. Separation Terms: Official separation date and immediate effects

5. Financial Settlement: Details of all financial arrangements including final payments and benefits

6. Confidentiality Obligations: Ongoing duties regarding company information and trade secrets

7. Return of Property: Process and timeline for returning company assets and documents

8. General Provisions: Standard legal clauses including governing law and jurisdiction

Optional Sections

1. Non-Compete Provisions: Restrictions on future employment and protection of business interests, typically used for senior employees

2. Ongoing Cooperation: Terms for transition assistance or knowledge transfer, used when handover of responsibilities is complex

3. Reference and Communications: Agreed format of references and public communications about the separation

4. Stock Options/Share Rights: Treatment of existing equity compensation for employees with share-based compensation

Suggested Schedules

1. Schedule 1 - Financial Settlement Details: Detailed breakdown of all financial payments and benefits

2. Schedule 2 - Company Property List: Inventory of items to be returned

3. Schedule 3 - Confidential Information: Specific details of confidential information covered

4. Appendix A - Agreed Form of Reference: Template of agreed employment reference if applicable

5. Appendix B - Release Form: Standard release of claims document

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses
Industries

Women's Charter (Cap. 353): Primary legislation governing marriage, divorce, and matrimonial matters in Singapore. Key sections include 112 (Division of matrimonial assets), 113 (Power to order maintenance), and 114 (Assessment of maintenance).

Employment Act (Cap. 91): Relevant for employment-related provisions in the separation agreement, particularly regarding non-compete clauses and confidentiality obligations.

Income Tax Act (Cap. 134): Governs the tax implications of financial settlements and maintenance payments in separation agreements.

Maintenance and Support Provisions: Legal requirements for spousal maintenance obligations, child maintenance if applicable, and tax treatment of maintenance payments.

Asset Division Framework: Legal framework for division of matrimonial assets, including treatment of businesses, investments, and Central Provident Fund (CPF) considerations.

Confidentiality Requirements: Legal requirements for protection of trade secrets, non-disclosure obligations, and compliance with Personal Data Protection Act (PDPA).

Contract Act (Cap. 53): Fundamental contract law principles governing enforceability requirements and consideration aspects of the separation agreement.

Dispute Resolution Framework: Legal framework including Mediation Act and Arbitration Act, governing dispute resolution mechanisms and court jurisdiction.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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