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A deed of separation, also known as separation deed, refers to a legally binding document between a married couple, which states their mutual decision to live separately.

This formal contract documents the commencement of the separation and lays the groundwork for the terms and conditions which will govern the relationship during the separation.

A deed of separation can only be invoked with both spouses' consent but need not be registered.

A married couple that make a mutual decision to live separately, as a:

buffer period for partners to seriously consider a divorce and whether reconciliation is a possibility moral grounds

precursor to divorce, acting as a private separation agreement until a married couple is eligible to file for divorce.

It can be drafted by any professional lawyer, and need not be registered with any government bodies or filed in Court.

Both parties must be agreeable to the terms of the Deed of Separation.

The deed can be revoked anytime only with the consent of both parties.

A divorce settlement agreement is a legal agreement which is prepared before the parties ahead of mutual divorce proceedings. Such an agreement contains all the terms and conditions of their separation.

If it is enforced in a legal fashion then it is deemed to be a legally binding document on all the parties involved.

It is always recommended to make a settlement agreement in a mutual divorce because it is a legally binding agreement. So, if any party is not complying by the terms of the agreement, then once the court passes such an agreement, it will be seen as a breach of contract.

It is an essential document that helps in regulating and settling the marital conflicts between the couple. It also brings a lot of clarity on several issues which might arise after the relationship between the parties come to an end.

It also proves to the court that each and every issue was well thought out and hence it can save a lot of time in the decision-making process for the court.

It also helps in avoiding intricate matters whose decision making might need the parties to deliberate on it at a later stage which may make things a lot bitter. Hence, it is always recommended to make a settlement agreement before mutual divorce proceedings and leave no space for any ambiguous decisions in the future because putting an end to any relationship can be very overwhelming and sometimes taxing.

While it is not necessary, making a settlement agreement in a mutual divorce has its advantages and is always recommended for the reasons mentioned above. A mutual divorce will be valid even when no settlement agreement has been entered into. However, its benefits are numerous and ensures peace of mind in the longer run.

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