Deed of separation between Husband and Wife where there has been a Marriage Settlement
THIS SEPARATION DEED is made, etc., BETWEEN A B, of, etc. (hereinafter called the Husband), of the one part, and C B, the wife of the said A B, (hereinafter called the Wife), of the other part:
WHEREAS:
Unhappy differences have arisen between the Husband and Wife, and they have agreed to live separate from each in future, and to enter into such arrangement as is hereinafter contained:
By a Settlement dated, etc., and made, etc. (being a Settlement made in consideration of the marriage of the Husband and Wife), where E F and G H are the present trustees, certain investments and other property (therein and hereinafter called the Husband’s Trust Fund and the Wife’s Trust Fund respectively) were settled or on behalf of the Husband and Wife respectively upon trust under which the income of the Husband’s Trust Fund is payable to the Husband during his life and the income of the Wife’s Trust fund is payable to the Wife during life, and the income of the Wife’s Trust Fund is payable to the Wife during her life, and the income of both the Trust funds is payable after the death of either of them to the survivor of them during his or her life:
There has been no issue of the said marriage: Now, in pursuance of the said arrangement and in consideration of the premises, This Deed Witnesseth and it is hereby agreed as follows:-
The parties hereto will henceforth live separate from each other, and neither of them will take proceedings against the other for restitution of conjugal rights, or molest or annoy or interfere with the other in any manner whatsoever.
The yearly sum of Rs ……… par t of income of the Husband’s Trust Fund, shall
(in addition to the income of the Wife’s Trust Fund, payable to her as aforesaid) be paid to the Wife during the joint lives of the Husband and Wife, if they shall so long live separate from each other [and she shall continue to lead a chaste life], by equal half-yearly payments on the ……… day of ……… and the ……… day of ……… in every year, the first payment to be made on the ……… day of ……… next:
The Husband, As Settlor, hereby assigns to the Wife the said yearly sum and directs the trustees for the time being of the said Settlement to pay the sum to her accordingly.
The Wife shall pay her own debts and keep the Husband indemnified therefrom, and if the Wife shall make default in observing this covenant, all money which shall be paid by the Husband in respect of any debt or liability of the Wife may be retained by him out of the yearly sum payable to the Wife as aforesaid.
(1) The petition presented to the High Court at [ ………] by the ……… shall be withdrawn, and all costs incurred in relation thereto shall be paid by the Husband:
(2) No new or other proceedings shall be taken by either party in the said court on account of any alleged misconduct of either party before the date hereof.
IN WITNESS, etc.
[Signature of both the parties]