Will the Deed of Separation be recognised by the Court?
- A Deed of Separation can be legally binding on the parties and recognised by the Court.
- In deciding how much weight will be given to the Deed of Separation during Divorce Proceedings, the Court will consider a number of factors including the following:
- ○ Whether both you and your spouse had willingly entered into the Deed / agreement (i.e. without duress, undue influence).
- ○ Whether both you and your spouse fully understood the terms of the Deed / agreement (i.e. without mistake, misrepresentation or fraud).
- ○ Whether the terms and arrangements contained in the Deed / agreement are fair and reasonable to both you and your spouse (i.e. not biased, unfair).