Deed of Separation Between Husband and Wife, the Wife Being Provided for Maintenance

THIS DEED is made the ……… day of ….2010 BETWEEN [husband] of [address, etc.] (hereinafter called the Husband) of the one [first] part, [wife] his wife of [address, etc.] (hereinafter called the Wife) of the other [second] part, and [trustee] of [address, etc.] (hereinafter called the Trustee) of the third part.

WHEREAS:

1. The spouses have agreed to live separate from each other and to enter into the arrangements herein appearing.
   • [Or: The Husband and the Wife are living apart from each other and have agreed that while separate and until they make other provisions for the matters herein mentioned or the terms hereof are superseded by any order of the court, the following provisions shall take effect.]
2. The Husband and the Wife have one child [ ……… children] (hereinafter [together] called the Child [Children]) and no more, namely [eldest or only child] born on the ……… day of ……… [add names and dates of birth of other children if any].
3. As a term of such separation, by a settlement of even date herewith made between [wife’s father] (hereinafter called the Father) of the first part, the Wife of the second part, and [trustees of settlement] of the third part, the Father made provision for the Wife and the Child [Children] as therein mentioned.
4. As another term of separation, the Husband has this day paid to the Wife the sum of Rs…. (receipt whereof she hereby acknowledges) [being such amount as the Husband received from the Father on the marriage of the Husband and the Wife].

NOW THIS DEED WITNESSETH that in pursuant of the said agreement and for the consideration herein appearing, the Husband, so far as the stipulations and provisions herein contained ought to be performed or observed by him, hereby covenants with the Wife [and also separately with the Trustee] and the Wife, so far as the same ought to be performed or observed by her, hereby covenants with the Husband [and also separately with the Trustee] and the Trustee, so far as the same ought to be performed or observed by the Wife or the Trustee, hereby covenants with the Husband as follows:

1. The Husband and the Wife shall each live separate and apart from and free from the marital control (if any) of the other, and neither of them shall molest, annoy, disturb or interfere with the other or his or her relations, friends, or acquaintances, or in his or her profession or business.
   • [Or: The Husband [Wife] does not consent to the Wife [Husband] living apart, and nothing herein contained is to prejudice such rights (if any) as he [she] may have in relation to his [her] claim that he [she] has been deserted by her [him].]
   • [Or: Neither party admits to blame for the fact of separation, and nothing herein contained is to prejudice such rights (if any) that either of them may have if one of them has deserted the other.]
2. Out of the provisions made for the Wife and the Child [Children] as aforesaid, the Wife will at all times hereafter support and maintain herself and support, maintain, and educate the Child [Children] in a manner suited to his [their] station in life and make all such payments for that purpose as may be necessary.
3. The Husband gives or assigns to the Wife such interest as he may have in all personal effects now in her possession or under her sole and absolute control.
4. If the Wife dies intestate in the lifetime of the Husband, he will hold any property to which he may be entitled in trust for the persons who would have been entitled thereto under the said Act if the Husband had died in the lifetime of the Wife.
5. The Wife shall be entitled to the sole custody and control of the Child [Children] during his minority [their respective minorities], and the Husband shall in no way interfere in his [their] management or education.
6. The Husband may have access to the Child [Children] on…days of each year to be selected by the Husband (except that [two] only of such days may be consecutive and that Christmas Day may not be one of them) so that all such access shall be in the presence of a person to be mutually agreed upon by the Husband and the Wife [and in case of disagreement, in the presence of someone nominated by the Trustee], and so that the Child [Children] shall be restored to the Wife or to the person so agreed upon (as the case may be) in the evening of each day on which such access is had.
7. The Trustee, if he in his absolute discretion shall think fit, may from time to time permit the Husband to have such access on other occasions not exceeding in all three weeks in any one year and with such restrictions as the Trustee shall think fit, and so that such access shall not be had for more than one week consecutively.
8. The Wife will at all future times keep the Husband indemnified against all debts or liabilities which the Wife may hereafter contract and all actions, claims, and demands in respect thereof, and all costs and expenses which the Husband may incur in relation thereto.
9. If the spouses shall at any future time begin and thereafter continue to live together as man and wife for a period of…. months [or again live together as man and wife], or if their marriage shall be dissolved or annulled or they shall be judicially separated, then in such case all covenants and provisions herein contained shall become void, but without prejudice to any act previously done hereunder or any proceedings on the part of any parties hereto in respect of any breach thereof committed of all or any of the said covenants and provisions and without prejudice to the said settlement, which shall continue in force.
10. The power of appointing a new trustee of this deed in the place of the original Trustee hereof or of any trustee appointed in his place shall be vested in the Wife.

IN WITNESS, etc.

[Signatures and seals of all parties]

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Deed of Separation Between Husband and Wife with Maintenance Provisions

This article explores a specific type of Deed of Separation where the wife is provided for with maintenance. This scenario often arises when couples agree to live apart but wish to establish a clear framework for financial support and other arrangements.

Key Features of this Type of Deed:

• Separation Agreement: The core purpose of the deed is to formally acknowledge the separation of the spouses and outline the terms of their future living arrangements.
• Maintenance for Wife: The deed typically includes provisions for the husband to provide financial support (maintenance) to the wife.
• Child Custody and Access: If the couple has children, the deed may address issues such as child custody, visitation rights, and child support obligations. 
• Indemnity Clause: The wife may agree to indemnify the husband from any debts or liabilities she may incur.
• Role of a Trustee (if applicable): In some cases, a trustee may be appointed to oversee the payment of maintenance or other aspects of the agreement.

Significance of this Type of Deed:

• Provides Clarity and Certainty: The deed provides a clear and legally binding framework for the post-separation relationship between the spouses.
• Minimizes Future Disputes: By addressing key issues upfront, the deed can help to minimize potential conflicts and disputes in the future.
• Protects the Interests of Both Parties: The deed aims to protect the rights and interests of both spouses, ensuring that their financial and emotional needs are considered.

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 are protected under the terms of the agreement.
• 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 maintenance provisions, please contact Legal Light Consulting.

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

Remember: This type of separation agreement requires careful consideration and legal expertise to ensure that all aspects of the agreement are properly addressed and that the rights and interests of both spouses are protected.