Will the Deed of Separation be recognised by the Court?
LawGuide
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).
