Separation Agreement Between Husband And Wife Marriage Act 1782 - Legal Draft

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Category : Marriage Act

Separation Agreement between Husband and Wife

This agreement is made the.......... day of

............ between AB of etc. (hereinafter called the husband) of the one part and CD, of, etc. the wife of the said AB (hereinafter called the wife) of the other part.

Whereas unhappy differences and disputes having arisen between the parties hereto, as a result whereof the marriage between them has broken down and they are now living separate and apart from each other and intend to so live hereafter unless there is any reconciliation and for which purpose they have agreed to enter into such arrangement as is hereinafter contained:

NOW IT IS HEREBY AGREED as follows:
1. The parties hereto shall further live and continue to live separate and apart from each other and neither of them shall have the right to the society of the other or shall molest, annoy or interfere with each other.
2. The husband shall, during the joint lives of himself and the wife pay to the wife, during her life for the maintenance of herself a monthly sum of Rs .......... commencing from.
3. The wife shall have the custody and control as also guardianship of the children of the marriage, EF and GS now aged

......... years and ... years respectively, and shall, out of the said sum of Rs ......... maintain and educate the said children until they shall respectively attain the age of ....... years, and shall keep the husband and his estate indemnified from and against all claims and demands on that account.
4. The wife shall be at liberty to remove forthwith from ........ aforesaid all her wearing apparel, jewellery and other personal effects, and also such of the furniture and other household goods and effects at aforesaid as belong to her as her separate property.
5. The wife shall pay for and discharge all debts incurred by her after the date hereof, whether for maintenance, support or otherwise and keep the husband and his estate indemnified therefrom and against all actions, claims and demands in connection therewith; otherwise the husband shall have the right to set off all sums so paid as against the wife out of the moneys payable by him to her as aforesaid.
6. The husband shall have access to the children under arrangements to be made between them from time to time.
7. The husband may see and have the sole society of the said EF and GH at ...... every Saturday, (or etc.), between the hours of........ and ......... p.m.
Provided always and it is hereby agreed that in case the husband and the wife shall at any time hereafter with their mutual consent live together as man and wife, then and in such case the said sums shall be no longer payable, and all the agreements hereinbefore contained shall become void and ineffective.

Provided also, that this deed shall stand revoked by the death of either party.

In witness whereof the parties hereto have executed these presents on the day, month and year first above-written.

Signed, sealed and delivered by AB
the husband in the presence of:

Signed, sealed and delivered by CD
the wife in presence of: