WHAT’S A DEED OF SEPARATION?
A Deed of Separation is a binding agreement or contract between you and your spouse that settles all issues which arise when you legally separate or decides to live apart. These issues usually include property division, maintenance payments for the wife and children, child custody and access rights and any number of other details that are important to you such as repayment of loans given or reimbursement of debts paid during the marriage.
A separation agreement puts in writing the decisions you and your spouse agree to in their separation or divorce negotiations. If an agreement can’t be reached, you’re likely to need a contested divorce for the court to divide and decide on how to handle your joint assets and liabilities and decisions regarding child custody and spousal and child support.
The separation agreement must be signed by both husband and wife and their witnesses.
When negotiating a Deed of Separation, try to work together and be fair and open with your spouse in terms of discussing your respective requests and needs and aim to reach mutually beneficial decisions. This is important because the terms and conditions contained in a Deed of Separation are legally binding during the time leading up to a divorce and maybe made permanent when it’s incorporated into the final Divorce Order.
Although you can try to prepare a Deed of Separation without a lawyer, it is prudent to consult one because discussions between the parties can be highly emotional and draining due to the fact that they involve a wide range of sensitive issues. A lawyer experienced in divorce law may make the process easier, less stressful, and more beneficial for both parties.
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If you would like to understand more about this subject and how the issues discussed in this article may affect you, get in touch with our lawyers today.
Typical fee structure
- Basic - $4,500
- Intermediate - $6,500
- Advanced - $8,500
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