A Deed of Separation is a legally binding document, which deals with present and future issues. The Deed is signed by both parties in the presence of their respective Solicitors. A Deed of Separation helps to keep marital disputes out of the courts. It is a document that is drafted after negotiations between the respective solicitors and is then executed by the parties to a marriage.

The core elements of the Deed will deal with matters such as custody, access, maintenance, allocation of assets and succession rights. Usually a Deed of Separation will make provision for custody, access to children, maintenance, division of matrimonial property and Succession Act rights.

The execution of the Deed will prevent the parties from commencing proceedings for judicial separation but does not act as a barrier to divorce.