When a marriage has broken down sometimes couples do not want to divorce so a Deed of Separation can be entered into. This is a Deed signed by both parties and can be reassuring in that it can include a wide variety of provisions. It can set out the financial matters agreed between the parties i.e. who will live in the former matrimonial home, division of assets, discharge of debts, maintenance and arrangements for any children.
It can be particularly useful where there is no particular grounds for starting divorce proceedings and the Deed can allow either spouse to file for divorce after 2 years without having to state the full facts how the marriage has broken down.
It is always advisable for both parties to take independent legal advice before signing the Deed. If they have both given full and frank disclosure of their assets (which will be required by the Court) then should there is a dispute during the divorce, a Court is unlikely to interfere with it and will usually seek to uphold the provisions contained in it. However, a Court can make orders that differ from the provisions of the Deed but will only do so with good reason for example the Deed is unfair or defective.