Divorce can only happen three years after the date of the registration of marriage based on irretrievable break down of marriage. In certain cases couples are not able to divorce immediately especially if they have not been married for at least 3 years. While the parties wait for the 3 year time bar to pass, we can help put in place a Deed of Separation.
What is a Deed of Separation?
It is a document we draft for you and your spouse to sign to agree to live apart. You can include other terms regarding children, financial arrangements (maintenance) and division of matrimonial assets.
The benefits of such an agreement is that no one spouse can accuse the other of desertion, and other important issues may also be resolved.
The time apart may be helpful to allow things to cool down and consider alternatives to divorce. Other options like seeking help from a marriage therapist/counsellor to salvage the marriage.
If you choose to proceed divorce, you may rely on the Deed for your divorce on the basis of living apart for 3 years with consent. Unless there is material change in circumstances, or if the Court deems the terms not to be in the welfare of the children, the terms in the Deed will usually be upheld.
