Deed of Separation between husband and wife, the wife being provided for maintenance

THIS DEED is made the ......... day of ....2010 BETWEEN [husband] of [address, etc.] (hereinafter called the husband) of the one [first] part [wife] his wife of [address, etc.] (hereinafter called the wife) of the other [second] part and [trustee] of [address, etc.] (hereinafter called the trustee) of the third part].

WHEREAS:
	The spouses have agreed to live separate from each other and to enter into the arrangements herein appearing.
[or The husband and the wife are living apart from each other and have agreed that whilst separate and until they make other provision for the matters herein mentioned or the terms hereof are superseded by any order of the court the following provisions shall take effect].
	 The husband and the wife have one child [ ......... children] (hereinafter [together] called the child [children]) and no more namely [eldest or only child] born on the ......... day of ......... [add names and dates of birth of other children if any].
	As a term of such separation by a settlement of even date herewith made between [wife’s father] (hereinafter called the father) of the first part the wife of the second part and [trustees of settlement] of the third part the father made provision for the wife and the child [children] as therein mentioned.
	As another of such terms of separation the husband has this day paid to the wife the sum of Rs.... (receipt whereof she hereby acknowledges) [being such amount as the husband received from the father on the marriage of the husband and the wife].

NOW THIS DEED WITNESSETH that in pursuant of the said agreement and for the consideration herein appearing the husband so far as the stipulation and provisions herein contained ought to be performed or observed by him hereby covenants with the wife [and also separately with the trustee] and the wife so far as the same ought to be performed or observed by her hereby covenants with the husband [and also separately with the trustee and the trustee so far as the same ought to be performed or observed by the wife or the trustee hereby covenants with the husband] as follows:-1. The husband and the wife shall each live separate and apart from and free from the marital control (if any) of the other and neither of them shall molest, annoy, disturb or interfere with the other or his or her relations, friends or acquaintances or in his or her profession or business.
[Or The husband [wife] does not consent to the wife [husband] living apart and nothing herein contained is to prejudice such rights (if any) as he [she] may have in relation to his [her] claim that he [she] has been deserted by her [him].
[Or Niether party admits to blame for the fact of separation and nothing herein contained is to prejudice such rights (if any) that either of them may have if one of them has deserted the other.]
	Out of the provisions made for and the child [children] as aforesaid the wife will at all times hereafter support and maintain herself and support maintain and educate the child [children] in a manner suited to his [their] station in life and make all such payments for that purpose as may be necessary.
The husband gives or assigns to the wife such interest as he may have in all personal effects now in her possession or under her sole and absolute control.
	If the wife dies intestate in the lifetime of the husband he will hold any property to which he may be entitled in trust for the persons who would have been entitled thereto under the said Act if the husband had died in the lifetime of the wife.
	The wife shall be entitled to the sole custody and control of the child [children] during his minority [their respective minorities] and the husband shall in no way interfere in his [their] management or education.
	The husband may have access to the child [children] on...days of each year to be selected by the husband (except that [two] only of such days may be consecutive and that Christmas Day may not be one of them) and so that all such access shall be in the presence of a person to be mutually agreed upon by the husband and the wife [and in case of disagreement in the presence of some one nominated by the trustee] and so that the child [children shall be restored to the wife or to the person so agreed upon (as the case may be) in the evening of each day on which such access is had.
	The trustee if he in his absolute discretion shall think fit may from time to time permit the husband to have such access on other occasions not exceeding in all three weeks in any one year and with such restrictions as the trustee shall think fit and so that such access shall not be had for more than one week consecutively.
	The wife will at all future times keep the husband indemnified against all debts or liabilities which the wife may hereafter contract and all actions, claims and demands in respect thereof and all costs and expenses which the husband may incur in relation thereto.
	If the spouse shall at any future time begin and thereafter continue to live together as man and wife for a period of.... months [or again live together as man and wife] or if their marriage shall be dissolved or annulled or they shall be judicially separated then and in such case all covenants and provisions herein contained shall become void but without prejudice to any act previously done hereunder or any proceedings on the part of any parties hereto in respect of any breach therefore committed of all or any of the said covenants and provisions and without prejudice to the said settlement which shall continue in force.
	The power of appointing a new trustee of this deed in the place of the
original trustee hereof or of any trustee appointed in his place shall be vested
in the wife.

IN WITNESS etc.

[Signatures and seals of all parties]