Why should I get a Deed of Separation?
Separation can be proved informally without a Deed of Separation. However, there is value in executing a Deed of Separation with your spouse while you wait for the appropriate time to file for divorce.
The Deed of Separation is a document that sets out the exact date you and your spouse started to live separately. This document can be used as evidence to prove that separation did occur, should it be denied by your spouse at a later date.
The Deed of Separation will set out clear terms on how the monetary aspects of the divorce will be settled. The monetary aspects include:
Maintenance for both the wife and the children of the marriage
The division of the matrimonial assets
Terms that you and your spouse have agreed to regarding the custody
Agreed upon terms regarding care and control
Agreed upon terms regarding access to the children of the marriage
One must understand that the Deed of Separation is just a contractual agreement. Like any contractual agreement, your spouse might try to dishonour the terms of the Deed of Separation at a later time. However, the existence of the Deed of Separation and the fact that the terms of the Deed of Separation were signed off by your spouse would put the burden on your spouse to show why the deviation should be allowed.
A divorce lawyer will be best placed to advise you on how the Deed of Separation can work to protect your interests in the interim while you are waiting to apply for your divorce.
