Couple going through a divorce

Sometimes a halfway house between living separate and apart and a divorce, a Deed of Separation can set out the terms and conditions upon which a couple agree to live apart.  Often adopted by parties who are not yet ready to divorce or who cannot accept divorce on religious grounds, a deed of separation offers the couple the opportunity to set out in writing their expectations of one another, for example in relation to maintenance or time spent by their children with each of them.

Typical terms of separation agreements:

  1. Who will have day to day care of the children and on what terms;
  2. Who will occupy the family home and whether that is to be to the exclusion of the other party
  3. Who will be responsible for the payment of household bills;
  4. Whether there will be a Divorce at some point in the future and if so when and on what ground.

There can be advantages and disadvantages with Deeds of Separation however, and if divorce is the couple’s long-term aim, there can sometimes be duplication of costs. If you would like to discuss the options available to you, contact us for a preliminary appointment.

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