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What is a deed of separation for?

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  • What is a deed of separation for?

    I've got another post on here but basically my wife and I have been separated and agree to divorce. However as we've not been separated 1 year I note we can't have a consensual divorce yet. We could only do that next year. A divorce on grounds of behaviour whilst I think would be justified I don't think my wife would agree.

    In the meantime is there any way to stop half of everything I earn during that time being carved up during a divorce next year? I've heard of something called a deed of separation which can be used if you don't plan to get divorced yet but want to agree on finances. Could that be used?

    Both of us will want to get a divorce quickly so we can move on, but I'm struggling to see how that can happen.
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  • #2
    Re: What is a deed of separation for?

    Dear GulDukat,

    No divorce proceedings on any grounds can be issued for one year after marriage. When spouses separate there may be child and/ or spousal maintenance to pay but this is unlikely to be half of your wages except in the very short term while adjustments are made.

    The amount of spousal maintenance paid should be based on the needs of you both.

    A deed of separation attempts to bind you both to an agreement made on all issues until divorce proceedings are issued. It is not a court order and cannot oust the jurisdiction of the court and so if your circumstances radically change the deed may have to be changed but if you do have an agreement with your spouse it does give you some protection until you get a court order within divorce proceedings.

    A deed of separation can only be entered into voluntarily.

    I hope this is of assistance.
    I work for Howlett Clarke Solicitors . Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance.

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    • #3
      Re: What is a deed of separation for?

      If a married couple or civil partners can agree the terms on which they will live separately, they may enter into a separation agreement. The essence of a separation agreement is that it is an agreement. Both parties must consent to the terms of the agreement. If agreement can be reached reasonably quickly between the parties and a separation agreement drawn up, it is cheaper and less stressful than taking a court case. Many couples formalize their separation in this way.

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      • #4
        Re: What is a deed of separation for?

        Dear Jukebox,

        You are quite right, a deed of separation can be much cheaper than contested court proceedings- where there are court hearings.

        Many court orders are agreed however and no one goes to court. It would be wrong to think a deed of separation is as good as a court order. If there are going to be contested proceedings a deed of separation probably didn't work.

        If you have just separated and are on good terms a deed might work really well.

        While many people do just get a deed of separation it does not dismiss the other persons claim. Many people go on to get a court order by consent when they divorce as well, it is a document sent to the court and sealed.

        The court order can be enforced and can prevent future claims being made.

        Fiona
        I work for Howlett Clarke Solicitors . Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance.

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