Deed of Separation between Husband and Wife with a Trustee, Wife to have custody of child

THE DEED made the ……… day of ….2010. BETWEEN A.B. of etc. (“the Husband”) [and] of the one [or first] part C B. of etc. his wife (“the Wife’) of the other [or second] part [and G.H. of etc. (“The Trustee”) of the third part].

WHEREAS:

Unhappy differences have arisen between the Husband and Wife and they have mutually agreed to live separately and apart from each other.

The Husband has agreed to pay to the Wife a monthly sum of Rs…. during her life for the maintenance and support of herself and the maintenance support and education of D.B. the son [daughter] of the Husband and the Wife.

NOW THIS DEED made in pursuance of the said agreement and in consid­eration of the premises WITNESSES as follows:

            The Husband hereby covenants with the Wife [and also a separate covenant with the Trustee] as follows:

             That the Wife may at all times hereinafter live separate and apart from the Husband as if she were sole and unmarried and that she shall be free from the control and authority of the Husband and may reside at such place or places as she thinks fit.

             That the Hushand shall not in any manner molest, disturb or in any way interfere with the Wife in her person or business or in her manner of living nor at any time hereafter require the Wife to cohabit with him not take proceedings to compel her so to do or to enforce restitution of conjugal rights so that the Wife may at all times live as if she were sole and unmarried.

             That the Wife shall at all times hereafter have the sole custody upbringing and guardianship of the said D.B. during the minority [and spinsterhood] of the said D.B. free from the control or authority of the Husband except as hereinafter mentioned.

             That the Husband [shall on the execution of this deed pay or cause to be paid to the Wife [or Trustee] the sum of Rs ……… for necessaries already supplied to the Wife and] shall during the life of the Wife [or during the joint lives of the Husband and the Wife] [so long as she continues to lead chaste life] pay or cause to be paid to the Wife or to such person or persons as she from time to time in writing directs or appoints the [monthly] sum of Rs ……… the first payment thereof to be made on the execution of this deed and a subsequent payment to be made on the first day of every month thereafter [Provided that the said sum shall cease to be payable if the marriage between the Husband and the Wife is dissolved by a court of competent jurisdiction as from the date of the final or absolute decree].

             That the Husband shall at the expiration of each period during which he is entitled to his [her] society as hereinafter mentioned duly restore the said D.B. of the Wife or as she directs.

The wife [and the Trustee hereby jointly and severally] COVENANT[S] with the Husband as follows namely:-

•         That she [or they] shall at all times hereafter keep the Husband indemnified from and against all torts, contracts, debts and liabilities which the Wife hereafter commits, makes, contracts or incurs and from all actions, claims and demands on account thereof and from and against all costs, charges, damages and expenses which shall or may be recovered, sustained, expended or become payable in respect thereof.
•              That in case the Husband at any time hereafter is called upon to pay and actually pays any debt or liability which the Wife at any time hereafter contracts or incurs then and in every such case he may deduct and reimburse to himself out of the said sum the amount of every payment made to him together with the amount of all costs, charges, damages and expenses incurred by him in connection therewith.
•              That neither the Wife not the said D.B. nor any person on behalf of them or either of them shall at any time hereafter annoy, molest or disturb the Husband.
•              That the Wife shall not at any time hereafter require the Husband to cohabit with her.
•              That the Wife shall out of the sums hereby covenanted to be paid or otherwise at all times support and maintain herself and shall so long as she has the sole custody, upbringing and guardianship of the said D.B., suppor t, maintain, bring up and educate the said D.B. in a manner suitable to his [her] position in life.
•             That the Husband may correspond with and may see and have the society of the said D.B. as hereinafter provided.

THE HUSBAND SHALL BE ENTITLED to correspond with the said D.B. as often as he thinks fit and to see and to enjoy the sole society of the said D.B. at ……… every [Saturday] between the hours of [3 p.m.] and [6 p.m.]

It is hereby agreed that in case the Husband and Wife at any time hereafter with their mutual consent cohabit as man and wife then and in such case the said [monthly] sum shall no longer be payable and all the covenants and agreements hereinbefore contained shall become void.

IN WITNESS, etc.

[Signatures of both the parties]

Deed of Separation Between Husband and Wife with Trustee and Custody of Child

A Deed of Separation is a legal document formalizing the separation between a husband and wife. It outlines their agreement to live apart, addresses financial support, and deals with the custody and care of any children.

This type of deed can also include provisions for a trustee, who manages certain financial matters on behalf of the parties involved.

Below is a detailed explanation of a Deed of Separation where the wife is given custody of the child, along with other key stipulations.

The Separation Deed

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

• A B (hereinafter referred to as “the Husband”), of [Address],
• C B (hereinafter referred to as “the Wife”), of [Address],
• G H (hereinafter referred to as “the Trustee”), of [Address].

Recitals (Background Information)

• Marital Issues: Unhappy differences have arisen between the Husband and Wife, and both parties have mutually agreed to live separately and apart from each other.
• Child Custody: The Husband and Wife have a child, D.B., and have agreed that the Wife will have sole custody of the child.
• Financial Support: The Husband has agreed to pay the Wife a monthly sum for her maintenance and for the upkeep, education, and support of their child, D.B.

Terms and Conditions of the Separation Deed

1. Living Separately

The Husband agrees that the Wife may live separately and apart from him as if she were unmarried, free from his control and authority.

She may reside wherever she chooses, and the Husband shall not interfere with her personal life, business, or residence.

2. Prohibition on Cohabitation

The Husband agrees not to molest, disturb, or coerce the Wife into cohabitation. He shall not pursue any legal action to compel her to resume marital relations or restitution of conjugal rights.

3. Custody of the Child

The Wife shall have sole custody, upbringing, and guardianship of their child, D.B., during the child’s minority. The Husband shall not interfere with the Wife’s decisions regarding the child’s care, except as noted later in the deed.

4. Financial Support for the Wife

• The Husband agrees to pay the Wife a monthly sum of Rs. [Amount] for her maintenance and the maintenance, support, and education of D.B.. The first payment is due on the execution of this deed, with subsequent payments to be made on the [Date] of each month.
• If the marriage is dissolved by court order, the monthly sum will cease as of the final or absolute decree.

5. Trustee’s Role

The Husband agrees to pay or cause the Trustee to pay the agreed sum to the Wife or her designated recipient. The Trustee ensures the proper execution of these financial provisions.

6. Indemnification and Liabilities

• The Wife agrees to indemnify the Husband against any debts, liabilities, or legal actions she may incur in the future.
• If the Husband is forced to pay any debts on the Wife’s behalf, he may deduct the amount from the monthly sum owed to her.
• The Wife also agrees not to interfere with the Husband in any way that could disturb or molest him.

7. Child Access for the Husband

While the Wife has sole custody, the Husband is entitled to correspond with D.B. and spend time with the child.

The Husband may meet the child every [Day] between the hours of [Time], as long as it does not interfere with the child’s wellbeing.

8. Change of Terms Upon Reconciliation

If the Husband and Wife mutually agree to live together again as husband and wife, the monthly financial provisions will cease, and the terms of this deed will become void.

Conclusion

A Deed of Separation provides a clear legal framework for managing the responsibilities and rights of both the Husband and Wife during their separation.

It ensures that both parties agree on essential matters such as living arrangements, financial support, and child custody, reducing the likelihood of future disputes.

For individuals going through similar situations, this document offers a structured and amicable way to handle separation without resorting to lengthy and expensive litigation.

Contact Legal Light Consulting for professional legal advice and assistance with drafting Separation Deeds, child custody agreements, and other family law matters.

Our experienced team is here to guide you through the legal process and ensure your interests are protected.