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:

            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that whilst separate and until they make other provision for the matters herein mentioned or the terms hereof are superseded by any order of the court the following provisions shall take effect].

             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].

            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.

            As another of such terms 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 stipulation 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 Niether 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.]

            Out of the provisions made for 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.

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.

            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.

            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.

            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) and 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 some one 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.

            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.

            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.

            If the spouse 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 and 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 therefore committed of all or any of the said covenants and provisions and without prejudice to the said settlement which shall continue in force.

            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]

Deed of Separation Between Husband and Wife: Provision for Maintenance

A Deed of Separation is a legal agreement entered into by a husband and wife when they mutually agree to live apart.

This document outlines the terms of their separation, including financial arrangements, custody of children, and the allocation of property.

A common provision in such deeds is ensuring that the wife is provided for during the separation, especially in terms of maintenance and support.

Below is a detailed explanation of a Deed of Separation between a husband and wife, with specific provisions for the wife’s maintenance.

The Separation Deed

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

• [Husband], of [Address] (hereinafter referred to as “the Husband”),
• [Wife], of [Address] (hereinafter referred to as “the Wife”),
• [Trustee], of [Address] (hereinafter referred to as “the Trustee”).

Recitals (Background Information)

• Agreement to Separate: The Husband and Wife have mutually agreed to live separately and enter into the arrangements outlined in this Deed.
• Children: The couple has one child (or children), namely [Name of Child], born on [Date of Birth].
• Provision for Maintenance: As part of their separation, the Husband has made provision for the Wife and children, including a financial settlement.

Terms and Conditions of the Separation Deed

1. Separation and Freedom from Marital Control

• The Husband and Wife agree to live separately and apart from each other, free from any marital control or interference.
• Neither party will molest, disturb, or interfere with the other, their relationships, or their professional and business activities.

2. Support and Maintenance of Wife and Children

• The Wife agrees to support herself and ensure the maintenance, education, and care of the child(ren) in a manner suitable to their position in life.
• The Husband will continue to make financial provisions for this purpose.
• The Husband gives or assigns to the Wife all personal effects currently in her possession or under her sole and absolute control.

3. Provision Upon the Wife’s Death

• If the Wife dies intestate during the Husband’s lifetime, the Husband will hold any property to which he is entitled in trust for those who would have been entitled to it under the law had the Husband died first.

4. Custody of Children

• The Wife is entitled to the sole custody and control of the child(ren) during their minority, and the Husband shall not interfere with their upbringing, education, or management.

5. Access to the Children

• The Husband is entitled to have access to the child(ren) on certain days each year, as selected by him. This access will be in the presence of a mutually agreed-upon third party or a person nominated by the Trustee in case of disagreement.
• The Trustee has the discretion to permit additional access, not exceeding three weeks per year, under conditions they deem fit.

6. Indemnification for Debts 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 pays any such liabilities on the Wife’s behalf, he may recover the amounts from the funds provided in this agreement.

7. Reconciliation and Impact on the Deed

• If the Husband and Wife reconcile and begin living together again as man and wife for a period of [Duration], or if their marriage is dissolved or annulled, the provisions of this Deed shall become void.
• However, any actions taken or breaches committed before such reconciliation will not be affected, and the original financial settlement will remain in force.

8. Trustee Appointment

• The Wife is granted the power to appoint a new trustee in place of the original trustee, should such a change be necessary.

Conclusion

A Deed of Separation provides a legal framework for resolving key issues that arise during a marital separation, including financial support and custody of children.

By agreeing to such a deed, both parties ensure that the Wife is adequately provided for, while also setting clear boundaries and terms for their separation.

This legally binding document offers protection for both the Wife and the Husband, allowing them to move forward with clarity on financial matters and child custody arrangements.

If you are considering a separation and need professional guidance, Legal Light Consulting is here to assist you.

Our experienced team of family law experts can help you draft a separation deed tailored to your specific needs, ensuring that your rights and interests are fully protected.

Contact Legal Light Consulting for your legal needs today