What is a Deed of Separation?
This is an agreement between husband and wife, who do not currently wish to divorce, but wish to sort out the financial side of their separation now as opposed to waiting for the divorce. They record how the finances are to be split and confirm that no further claims will be made against the other, if or when they divorce at a later date. Full disclosure of financial information should be given and both parties should have independent legal advice. Deeds of Separation are not sanctioned by the Court and as such are not watertight to prevent one party making a further claim against the other. However, such a claim is unlikely to succeed if both parties have had advice and there has been full disclosure.
