Every month, I receive many requests for a deed of separation sample. You may want to enter into a deed of separation for practical reasons. It could be because of your outstanding mortgage, your kids, your HDB flat, or even your business. Do you know that you can be living under the same roof, yet separated?
See: Ashe Conrad-Jones,“Separated but living in the same house with our kids: ‘Not a couple, not room-mates’”, The Irish Times, 2 June 2017
You may be searching for a deed of separation sample because you recognize that your interests need to be protected even though you are not divorced.
So what do you need to include in a deed of separation?
Deed of Separation Sample
You may wish to include:
- The fact of separation– You have to state that the parties have since [whichever date] formed the intention to live and lead separate lives with the intention to divorce.
- Parties are entering into the Deed willingly.
- Writ of divorce? Are you separating with the intention of divorce in the future?
- Matrimonial flat? What is going to happen to the flat?
- Other properties? What is going to happen to your own joint properties (including bank accounts)?
- Who is going to have custody, care and control of your children?
- What are the access terms?
- Maintenance for child?
- Maintenance for wife?
- Enforcement of deed?
- What is the law and jurisdiction governing the deed?
- What is the nature of the deed?
There are many clauses that you can (and should) put into a deed of separation. Further, you need to be aware and advised of the impact of each clause properly. You do not want to be signing a deed of separation blindly. You could well be signing your life away!
With all these in mind, will a deed of separation sample be helpful to you?
It is not advisable for you to simply “copy and paste” all the clauses in a deed of separation sample and make it YOUR deed of separation. The deed of separation may not even fulfil the requirements of a “deed”.