Deed of separation between Husband and Wife where there has been a Marriage Settlement

 THIS SEPARATION DEED is made, etc., BETWEEN A B, of, etc. (hereinafter called the Husband), of the one part, and C B, the wife of the said A B, (hereinafter called the Wife), of the other part:

WHEREAS:

Unhappy differences have arisen between the Husband and Wife, and they have agreed to live separate from each in future, and to enter into such arrangement as is hereinafter contained:

            By a Settlement dated, etc., and made, etc. (being a Settlement made in consideration of the marriage of the Husband and Wife), where E F and G H are the present trustees, certain investments and other property (therein and hereinafter called the Husband’s Trust Fund and the Wife’s Trust Fund respec­tively) were settled or on behalf of the Husband and Wife respectively upon trust under which the income of the Husband’s Trust Fund is payable to the Husband during his life and the income of the Wife’s Trust fund is payable to the Wife during life, and the income of the Wife’s Trust Fund is payable to the Wife during her life, and the income of both the Trust funds is payable after the death of either of them to the survivor of them during his or her life:

            There has been no issue of the said marriage: Now, in pursuance of the said arrangement and in consideration of the premises, This Deed Witnesseth and it is hereby agreed as follows:-

            The parties hereto will henceforth live separate from each other, and neither of them will take proceedings against the other for restitution of conjugal rights, or molest or annoy or interfere with the other in any manner whatsoever.

            The yearly sum of Rs ……… par t of income of the Husband’s Trust Fund, shall

(in addition to the income of the Wife’s Trust Fund, payable to her as aforesaid) be paid to the Wife during the joint lives of the Husband and Wife, if they shall so long live separate from each other [and she shall continue to lead a chaste life], by equal half-yearly payments on the ……… day of ……… and the ……… day of ……… in every year, the first payment to be made on the ……… day of ……… next:

            The Husband, As Settlor, hereby assigns to the Wife the said yearly sum and directs the trustees for the time being of the said Settlement to pay the sum to her accordingly.

            The Wife shall pay her own debts and keep the Husband indemnified therefrom, and if the Wife shall make default in observing this covenant, all money which shall be paid by the Husband in respect of any debt or liability of the Wife may be retained by him out of the yearly sum payable to the Wife as aforesaid.

(1) The petition presented to the High Court at [ ………] by the ……… shall be withdrawn, and all costs incurred in relation thereto shall be paid by the Husband:

(2) No new or other proceedings shall be taken by either party in the said court on account of any alleged misconduct of either party before the date hereof.

IN WITNESS, etc.

[Signature of both the parties]

Deed of Separation Between Husband and Wife: Legal Framework and Key Provisions

A Deed of Separation is a formal agreement between a husband and wife to live separately and resolve marital issues.

This document often includes financial arrangements, property distribution, and provisions for the support of one party.

In some cases, such as the one outlined below, the separation is tied to a marriage settlement that was made at the time of the marriage.

This deed helps to ensure clarity and fairness in the separation process, preventing future disputes.

The Separation Deed

This Separation Deed is made on [Date], between:

• A B, (hereinafter referred to as “the Husband”), and
• C B, (hereinafter referred to as “the Wife”).

Recitals (Background Information)

• Marital Disputes: Unhappy differences have arisen between the Husband and Wife, and they have mutually agreed to live separately.
• Marriage Settlement: A settlement made on [Date] as part of their marriage, which established certain trust funds.
• The trustees for the settlement are E F and G H. The funds are set to benefit both the Husband and Wife during their lifetimes, with income payable to each party from the respective trust funds.
• No Children: The marriage has not produced any children.

Given these facts, the parties have agreed on the following terms and conditions for their separation:

Legal Point Provisions of the Deed

1. Separation Agreement

The parties agree to live separately from each other. Neither party will pursue any legal action for the restitution of conjugal rights or interfere with or harass the other in any manner.

2. Financial Support for the Wife

In consideration of the Husband’s Trust Fund, an annual sum of Rs. [Amount], in addition to the income already payable to the Wife from the Wife’s Trust Fund, will be paid to the Wife during their joint lives, as long as they remain separated.

This payment will be made in equal half-yearly installments on the [Day] of [Month] and the [Day] of [Month], starting from [Date].

The Husband, acting as the Settlor of the trust, assigns this yearly sum to the Wife and directs the trustees of the settlement to make the payments directly to her.

3. Financial Responsibility

The Wife will be responsible for paying her own debts. If the Wife fails to settle any of her debts, and the Husband pays on her behalf, the Husband can retain this amount from the yearly sum that is to be paid to the Wife.

4. Legal Proceedings

Both parties agree that any petition previously filed with the High Court at [Location] by [Petitioner] will be withdrawn, and any costs related to it will be borne by the Husband.

Furthermore, no new proceedings will be initiated by either party for alleged misconduct before the execution of this Deed.

Conclusion

The Deed of Separation serves as a legally binding agreement that formalizes the separation between a husband and wife.

This document helps define the financial and legal responsibilities of both parties, ensuring a clear division of assets and obligations.

By addressing matters such as trust funds, financial support, and legal proceedings, the separation is managed with clarity, reducing the potential for future conflict.

For couples considering a separation or divorce, having a legally drafted Deed of Separation is essential.

It ensures that both parties are aware of their rights and responsibilities and can avoid unnecessary legal complications.

Contact Legal Light Consulting for all your legal needs, including assistance in drafting Separation Deeds and other related matters.

Our experienced legal professionals can provide you with the guidance and support necessary to navigate this difficult process.