Benefits of having a Deed of Separation
As the parties may be separating for some time before a Divorce is actually obtained, a Deed of Separation helps to set clear rules as to how the couple’s living and financial arrangements during the ongoing separation will be managed.
- This helps to reduce potential issues of dispute from arising and minimise the likelihood of disagreements between the parties during the ongoing separation
- By doing so, the Deed of Separation can help to reduce the likelihood of unhappiness or ill-feeling between the parties when they later start Divorce Proceedings
The Deed of Separation also helps to clarify and confirm when 3 years or 4 years of separation will start and finish so that the parties may proceed to rely on the separation as a grounds for the Divorce at the appropriate time
Although the parties may need to spend time and effort on reaching an agreement in the Deed of Separation as to how the Ancillary Matters will be dealt with (even before Divorce Proceedings are even started), this may ultimately help save time and costs because the Deed of Separation can be used to clearly set out that the terms of the Divorce and exactly how the Ancillary Matters will be dealt with
- For example, the Deed of Separation may state that the parties agree that either one of them may obtain an uncontested Divorce after the relevant separation period has been completed
- In addition, the Deed of Separation may set out exactly how all the Ancillary Matters (e.g. maintenance, division of matrimonial assets, children) will be dealt with and this would eliminate the need or likelihood of contested Ancillary Proceedings
