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What grounds should there be for a formal separation deed to be terminated?
I am seeking to prepare a formal separation deed which will provide for my wife and children. My divorce lawyer suggests that I should consider the grounds on which the agreement might be terminated. Can you suggest the grounds I should be considering?
It is assumed your solicitor has
asked you to consider the grounds appropriate to terminate your
ongoing duty to maintain your wife and children. In the case of
children it is usual to see the ongoing duty to maintain ceasing
when the children reach a certain age or finish a certain level of
education.
If the provision for maintenance for your wife is not for
a limited term it is common to include the term that the
maintenance will cease upon death of either you or your wife, your
wife cohabiting with another person for a certain period, often 6
months, the resumption of co-habitation of you both for a certain
period, a court order varying the terms of the deed, a court order
for financial provision and/ or property adjustment between you
both.
Your solicitor may have some ideas of other terms appropriate in your particular circumstances.
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