What is a Deed of Separation?

You may wish to be separated from your spouse for a period of time before you decide on a divorce. In the meantime, the parties can still work out on reconciliation.

In this case, you may sign an agreement called a Deed of Separation which will set out the terms and conditions governing the relationship between you and your spouse during the period of separation. Both parties may mutually agree on an arrangement for the custody care and control of the children (minor), maintenance of a spouse and/or children and division of the matrimonial assets in the event of a divorce.

A Deed of Separation is a private document, and not lodge with any government departments, and the Separation Deed may be revoked at any time with the consent of both parties.

Although the parties may have mutually agreed to the terms in the Separation Deed, either party can still apply to have any of the terms set aside by the Family Court (unless the Deed of Separation was sanctioned by the Court).

It would be advisable for you to consult a lawyer to draft the Deed of Separation, and the Deed signed in the presence of a lawyer.