Separation Deed
Soma
(Querist) 18 September 2009
This query is : Resolved
Both the Husband and Wife living separately for the last 8 months..they have executed a deed of separation.
What is the legal effect of such Deed of Separation? Is it comparable with a decree of Divorce?
Will it help to get divorce by mutual consent or a contested divorce?
riven
Raj Kumar Makkad
(Expert) 18 September 2009
This deed establishes that both are living separately since such and such period with mutual consent. It is not synonimous to divorce but definitely helpful in seeking divorce either by mutual consent or if any situation of contest arises, in that case also.riven
R.R. KRISHNAA
(Expert) 18 September 2009
Only divorce granted by court conclusively determines that husband and wife are legally seperated (ultimately ending the martial life).
A deed of seperation has no legal effect.
But it can be used as a document reflecting the intentions of the parties (husband and wife) that they intend to seperate. It can be used as a supporting document while applying for mutual consent divorce.riven
Sachin Bhatia
(Expert) 18 September 2009
A deed of separation can only cover the financial arrangements between husband and wife. It can also deal with what they have agreed about their children, and any plans that they may have to divorce, or not divorce, in the future.
Only divorce granted by court determines that husband and wife are legally seperated.riven
Soma
(Querist) 18 September 2009
Whether such separation deed should be registered or notaried?riven
adv. rajeev ( rajoo )
(Expert) 24 September 2009
Mere executing of deed of seperation does not amounts to divorce. Only civil court has got power to divorce. Seperation deed if it is regd., and notarised is not valid.riven
Sarvesh Kumar Sharma Advocate
(Expert) 18 September 2009
