Deed of separation is a legal document with clear agreements from both the parties after careful conflict resolution. It is an easy and a cheap way of divorce without the long court battles that emotionally drain an individual as well as time-consuming. Both parties must adhere to the obligation of the agreement. The binding document involves the incorporation of collaborative, practicing solicitors and mediators.
Collaborative practice is the modern method of reconciliation after a separation as it considers any hidden indicator ideal in managing parental responsibilities during divorce or separation.
Independent solicitors provide valuable legal advice vital in the negotiation process. A mediator is completely different from a marriage counselor her/his role is to encourage the couples to cooperate in the negotiation process- a peace maker. The peaceful environment shortens the session, in most cases, complex marriage issues take up to eight sessions. With the rule of law in mind, they draft the agreement with all the terms and conditions.
The contents of a deed of separation
The document clearly states: you have to live apart with the conditions attached to it to enhance the functionality of the family commitments. Whether you will still continue to enjoy conjugal rights or not – that may not be in the document- you have to commit to the promises. This document does not factor in the emotional feeling of either of the spouses, in fact, the extent to which you decide to have the deed of separation; it means you have made numerous efforts to restore the marriage in vain.
Custody and visitation rights of the children
You have to stay separate, so it is for the couple to choose who should stay with the children. If the children are older, then the mediator gives them an option to choose either of the parents they wish to stay with. The document gives all the conditions under which a parent may wish to see the children, of course, in agreement with the two parties. For a healthy marriage separation; the couples must respect the terms of the document. You must maintain the visiting hours and the days; no party is at liberty to deny one that chance. In cases where all parents must be present, the couple must reschedule their plans to accommodate the function.
The agreement states clearly on the roles of each parent. The document answers these questions:
Who should visit the children in school?
When to come together as all parents despite the separation?
Who takes charge of the disciplinary matters?
Co-parenting requires wisdom, the deed only gives a legal perspective, at times you are forced to communicate to come up with a solution.
You had properties you acquired together while you were married; with your guidance and mutual agreement, the manuscript gives direction on how you will manage the assets. Your spouse is now a business partner. If it is a business you co-own, the rules that govern your level of interference come in handy. Just in the same way different personnel operate you have to agree on how you will run all the operations of the company without causing a corporate drain. Property ownership is a difficult subject to come to a consensus to because of the level of financial commitment or personal effort either of the partners have in the enterprise. The wisdom of the mediator will guide you to have a mutual understanding.
Financial obligations and maintenance costs
An article on finance is inclusive in the separation deed. The couple must open up on savings, debts and all financial commitments to come up with the net income for both parties. Of course, a partner who takes custody of the children requires more money. At this point, you state all financial and maintenance costs required for the separate homes in line with the income to come to a consensus on the financial roles of the spouses. The sincerity helps you to adhere to the terms of financial agreements in the deed.
Tax and succession rights
The document takes care of any eventualities; in the case of death, who has the right to inheritance-the children or the spouse? If you agree on the children; you have to agree on whether you give equal share or a percentage. The deed of separation can be used in the court of law in case there is a breach of contract from either of the parties; not only in death but also in the case where a spouse gets a terminal illness or is disabled. What will be the parental and financial obligation of the healthy parent?
Signatures of both parties
This is a written agreement hence all parties must append their signatures in all the pages as a proof of acceptance. Each partner must have a copy as a point of reference.
The deed of separation is an essential manuscript in separated couples with complex issues in their marriage yet they do not want to make a decision on divorce.
Want to have a happier, healthier marriage?
If you feel disconnected or frustrated about the state of your marriage but want to avoid separation and/or divorce, the marriage.com course meant for married couples is an excellent resource to help you overcome the most challenging aspects of being married.