If you require a cooling off period for your marriage and also to regulate matter in the event a reconciliation is unsuccessful, you may enter into an agreement with your spouse to live separate and apart from your spouse and to state other terms of the separation.
In this agreement both parties may mutually agree on the arrangement for the custody care and control of the children(minor), maintenance of a spouse and/or children and the division of the matrimonial assets in the event of a divorce in the future.
As the Separation Deed need not be registered with any government department or filed in Court, you may with the consent of your spouse revoke it at any point in time. Since the document is not made public, your friends and relatives would also not have any knowledge of the separation or the terms thereof.
You should however note that in order to revoke the deed, mutual consent of both parties is required. Further, the Family Court has jurisdiction to set aside any of the terms unless the said deed has been sanctioned by the Court. Usually parties do not seek the Court’s sanction in view of the legal costs involved. The Deed of Separation should be signed before a solicitor.
If you wish to enter into a Deed Of Separation, call us at the no 6534 1328 for a quote. Once the fee is agreed, we will give you instructions on payment of the initial deposit for the agreed fee. (starts from $500) We would also have to conduct a conflict search before we can act for you.