Deed of Separation between Husband and Wife

This Deed is made the……….day of 2010 between AB of etc. (hereinafter called the husband) of the one part and CD, of, etc. the wife of the said AB (hereinafter called the wife) of the other part.

WHEREAS unhappy differences and disputes having arisen between the parties hereto, as a result whereof the marriage between them has broken down and they are now living separate and apart from each other and intend to so live hereafter unless there is any reconciliation and for which purpose they have agreed to enter into such arrangement as is hereinafter contained:

NOW IT IS HEREBY AGREED as follows:

1. The parties hereto shall further live and continue to live separate and apart from each other and neither of them shall have the right to the society of the other or shall molest, annoy or interfere with each other.
2. The husband shall, during the joint lives of himself and the wife pay to the wife, during her life for the maintenance of herself a monthly sum of Rs……….commencing from.
3. The wife shall have the custody and control as also guardianship of the children of the marriage, EF and GS now aged ………years and …years respectively, and shall, out of the said sum of Rs……… maintain and educate the said children until they shall respectively attain the age of……. years, and shall keep the husband and his estate indemnified from and against all claims and demands on that account.
4. The wife shall be at liberty to remove forthwith from……..aforesaid all her wearing apparel, jewellery and other personal effects, and also such of the furniture and other household goods and effects at aforesaid as belong to her as her separate property.
5. The wife shall pay for and discharge all debts incurred by her after the date hereof, whether for maintenance, support or otherwise and keep the husband and his estate indemnified therefrom and against all actions, claims and demands in connection therewith; otherwise the husband shall have the right to set off all sums so paid as against the wife out of the moneys payable by him to her as aforesaid.
6. The husband shall have access to the children under arrangements to be made between them from time to time.
7. The husband may see and have the sole society of the said EF and GH at……every Saturday, (or etc.), between the hours of……..and………p.m.

Provided always and it is hereby agreed that in case the husband and the wife shall at any time hereafter with their mutual consent live together as man and wife, then and in such case the said sums shall be no longer payable, and all the agreements hereinbefore contained shall become void and ineffective.

Provided also, that this deed shall stand revoked by the death of either party.

IN WITNESS WHEREOF the parties hereto have executed these presents on the day, month and year first above-written.

Signed, sealed and delivered by AB

the husband in the presence of:

Signed, sealed and delivered by CD

the wife in presence of:

Deed of Separation Between Husband and Wife: An Overview

A Deed of Separation is a legal document that formalizes the terms and conditions of the separation between a husband and wife.

It is used when both parties mutually agree to live apart, often following irreconcilable differences or disputes. The deed helps to settle various issues such as financial support, child custody, and property division, ensuring that both parties are clear on their rights and obligations during the period of separation.

Below is a detailed explanation of a typical Deed of Separation between a husband and wife, with provisions for financial support, child custody, and other important matters.

The Deed of Separation

This Deed of Separation is made on the [Date] of 2010 between:

• [AB], the husband (hereinafter referred to as “the Husband”), and
• [CD], the wife (hereinafter referred to as “the Wife”).

Recitals (Background Information)

• Marriage Breakdown: Due to unhappy differences and disputes, the marriage between the Husband and Wife has broken down, and they are now living separate and apart.
• The parties have mutually agreed to live separately unless they reconcile, and they wish to formalize this arrangement through this Deed.

Terms and Conditions

1. Living Separate and Apart

The parties agree to continue living separate and apart from each other. Neither party shall have the right to the society of the other, nor shall they molest, annoy, or interfere with each other.

2. Financial Maintenance

The Husband agrees to pay the Wife a monthly sum of Rs. [Amount] for her maintenance. This payment will continue for the Wife’s lifetime, commencing from [Start Date].

3. Custody and Guardianship of Children

The Wife shall have the sole custody, control, and guardianship of the children of the marriage, EF and GS, who are currently aged [Age of Child 1] and [Age of Child 2], respectively.

The Husband agrees to indemnify the Wife against any claims or demands related to the children’s maintenance and education until they reach the age of [Age].

4. Removal of Personal Effects

The Wife is at liberty to immediately remove all her personal belongings, including wearing apparel, jewelry, and household goods that belong to her separate property, from the shared residence.

5. Debts Incurred by the Wife

The Wife agrees to pay any debts incurred by her after the date of this Deed, including maintenance or support-related debts.

She will also keep the Husband and his estate indemnified against any claims resulting from these debts. If the Husband pays such debts, he may deduct these amounts from the sum payable to the Wife.

6. Access to Children

The Husband shall have access to the children, with the specifics of the access arrangement to be agreed upon between the parties. This access shall be made under conditions set by both parties.

7. Regular Visitation

The Husband is entitled to see the children, EF and GS, every [Saturday] from [Start Time] to [End Time]. The Husband’s access will be supervised, and the children will be returned to the Wife or a mutually agreed-upon person after each visit.

8. Reconciliation Clause

In the event that the Husband and Wife reconcile and decide to live together again as man and wife, the financial provisions and all terms of this Deed shall become void and ineffective. Similarly, the Deed will stand revoked upon the death of either party.

Conclusion

A Deed of Separation provides a legal framework for addressing the issues that arise when a couple decides to separate. By outlining financial obligations, child custody arrangements, and property rights, it ensures that both parties are aware of their responsibilities and rights during the separation period.

For anyone considering a separation, it is advisable to seek legal advice to ensure that the terms of the Deed are fair and legally sound.

Legal Light Consulting provides expert legal services to assist in drafting separation deeds, negotiating terms, and ensuring that your rights are protected.

Contact Legal Light Consulting today for your legal needs