If you and your spouse are considering a Divorce and you are already separated or planning to separate (i.e. living in separate households), you may prepare a document known as a Deed of Separation to help set out the key facts and terms which you have both willingly agreed to in relation to recognising that your relationship or marriage has broken down and how your Ancillary Matters (e.g. maintenance, division of matrimonial assets, children) will be dealt with in the event that a Divorce is eventually obtained.
Some of the issues and terms that the Deed of Separation can cover include the following:
The relationship / marriage has irretrievably broken down
The commencement / start date of the separation (i.e. the date on which the parties first separated or began to live in separate households)
How the ongoing separation will take place and be managed in relation to the following:
The parties’ living and financial arrangements
The children’s’ living, access and financial arrangements
How much maintenance will be paid to the wife and children
How the couple’s matrimonial assets and properties will be divided
How the couple’s debts will be paid
How the couple’s children will be cared for (e.g. Custody, Care and Control, Access)
Whether either party may obtain a Divorce through uncontested Divorce Proceedings and Ancillary Proceedings when the 3 years’ or 4 years’ separation period has been completed
A Deed of Separation can also provide for the terms to be revised and renegotiated (e.g. if there is a material change in the parties’ circumstances). This helps to ensure that the terms of the Deed of Separation remain appropriate and can still be complied with over time.
