Deed of Separation

Deed of Separation

Separation can either be the beginnings of a divorce or it can be a ‘legal separation’, where the parties remain married, yet live apart.

 

Should the parties to a marriage decide to enter into a deed of separation instead of commencing divorce proceedings, we provide legal advice, negotiate with the opposing party if required, and draw up the deeds of separation incorporating parties’ agreement. Very often, we continue to act for our clients in the subsequent divorce proceedings after the period of separation has been fulfilled.

 

A Deed of Separation consolidates all your arrangements into one legal document. Once signed, neither part can go back on their word without consequences. A deed of separation therefore gives you security financially and psychologically.

 

If your relationship has already come before the Family Court in some way – for example, if you’ve applied for a parenting order for day-to-day care of the children – the court will encourage you and your spouse or partner to attend counselling to attempt to reach some agreement on important issues.

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Deed of Separation

Separation can either be the beginnings of a divorce or it can be a ‘legal separation’, where the parties remain married, yet live apart.

 

Should the parties to a marriage decide to enter into a deed of separation instead of commencing divorce proceedings, we provide legal advice, negotiate with the opposing party if required, and draw up the deeds of separation incorporating parties’ agreement. Very often, we continue to act for our clients in the subsequent divorce proceedings after the period of separation has been fulfilled.

 

A Deed of Separation consolidates all your arrangements into one legal document. Once signed, neither part can go back on their word without consequences. A deed of separation therefore gives you security financially and psychologically.

 

If your relationship has already come before the Family Court in some way – for example, if you’ve applied for a parenting order for day-to-day care of the children – the court will encourage you and your spouse or partner to attend counselling to attempt to reach some agreement on important issues.

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Is it legally binding?

Yes,

A Deed of Separation is a legally enforceable contract.

However, there may be some arrangements that can over-ride it. It is therefore important to consult our experienced lawyers to prevent any embarrassment.

What is included?

Strictly speaking a deed of separation is simply an agreement to live apart, however, it often includes other aspects such as:

  • The maintenance of one spouse or partner by the other arrangements for day-to-day care of or contact with children of the relationship;
  • Finances;
  • The marital home;
  • How personal property is to be divided.