When a Husband and Wife are preparing for the possibility of a Divorce, and they’re (or will be) separated (i.e. living in separate households), a document known as a Deed of Separation can be prepared to help them set out the key facts and terms which they have both willingly agreed to concerning the breakdown of their marriage and how their Ancillary Matters (e.g. Maintenance, dividing matrimonial assets, Children) will be dealt with if both parties obtain a Divorce, such as the following:
The relationship or marriage has irretrievably broken down
The commencement or start date of the separation (i.e. the date on which both parties first separated or began to live in separate households)
How the ongoing separation will take place and be managed concerning 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 can get a Divorce through uncontested Divorce Court Proceedings and Ancillary Court Proceedings when the 3 years or 4 years’ separation period has been completed
A Deed of Separation can provide for the terms to be revised and renegotiated (e.g. if there is a material change in both parties’ circumstances)
This also helps to make sure that the terms of the Deed of Separation remain relevant and pragmatic and are capable of being complied with over time
