Deed of Separation Between Husband and Wife with a Trustee, Wife to Have Custody of Child

THIS DEED made the ……… day of ….2010 BETWEEN A.B. of etc. (hereinafter called the Husband) of the one [or first] part, C.B. of etc. his wife (hereinafter called the Wife) of the other [or second] part [and G.H. of etc. (hereinafter called the Trustee)] of the third part.

WHEREAS:

1. Unhappy differences have arisen between the Husband and Wife, and they have mutually agreed to live separately and apart from each other.
2. 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:

1. The Husband hereby covenants with the Wife [and also separately 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 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 Husband 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 or take proceedings to compel her to do so, 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 hereinafter 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 a 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 shall be made on the execution of this deed and subsequent payments 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 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. to the Wife or as she directs.
2. The Wife [and the Trustee hereby jointly and severally] COVENANT[S] with the Husband as follows:
   • 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 himself out of the said sum the amount of every payment made by him together with the amount of all costs, charges, damages, and expenses incurred by him in connection therewith.
   • That neither the Wife nor 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., support, 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]

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Deed of Separation with a Trustee and Child Custody:

This Deed of Separation outlines an agreement between a husband and wife to live apart while establishing provisions for the wife’s maintenance and the custody of their child.

It also involves a third party, a Trustee, who may play a role in managing certain aspects of the agreement.

Legal Point of this Deed:

• Separation and Maintenance: The deed formally acknowledges the separation of the spouses and outlines the husband’s obligation to pay a monthly sum for the wife’s and child’s maintenance.
• Child Custody: The wife is granted sole custody, upbringing, and guardianship of the child.
• Husband’s Rights: The husband retains specific rights, such as the right to correspond with the child and have supervised visitation.
• Indemnity Clause: The wife agrees to indemnify the husband from any debts or liabilities she may incur.
• Role of the Trustee: The Trustee may be involved in managing the payment of maintenance or other aspects of the agreement, depending on the specific terms.

Significance of this Type of Deed:

This type of separation agreement is particularly relevant in situations where:

• Child Custody is a Primary Concern: The deed clearly defines the custody and guardianship arrangements for the child, ensuring the child’s well-being is prioritized.
• A Trustee is Involved: The presence of a Trustee can provide an independent third party to oversee certain aspects of the agreement, enhancing transparency and accountability.
• Complex Financial Arrangements: The deed may incorporate provisions for the management of assets, trusts, or other financial arrangements.

Importance of Legal Counsel:

It is crucial to consult with legal professionals, such as those at Legal Light Consulting, when drafting or reviewing a Deed of Separation. Experienced attorneys can:

• Ensure Legal Compliance: Ensure that the deed complies with all applicable laws and regulations.
• Protect Your Rights: Advocate for your best interests and ensure that your rights and the rights of your child are protected.
• Draft a Comprehensive Agreement: Draft a clear and concise agreement that addresses all relevant issues and minimizes potential future disputes.

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Contact Legal Light Consulting:

For personalized legal advice and assistance with separation agreements, particularly those involving child custody and the involvement of a Trustee, please contact Legal Light Consulting.

Our experienced team can provide expert guidance and ensure that your legal needs are met effectively.

This article provides a general overview of a Deed of Separation with a Trustee and child custody provisions. The specific terms of such an agreement will vary depending on the individual circumstances of each case