Deed of Separation Law and Legal Definition

A Deed of Separation is a document drawn between a separated husband and wife, pending divorce. The deed can cover all the financial arrangements between the couples. A deed of separation is not binding on a divorce court.

“An agreement for separation between husband and wife, entered into through the intervention of a trustee, is not invalid as against public policy, and will be upheld and enforced, if followed by immediate separation, or if separation has previously taken place”. [Wells v. Stout, 9 Cal. 479 (Cal. 1858)]