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Monday, 2 March 2020

Deed of Separation sample

Deed of separation sample template

DEED OF SEPARATION


THIS DEED OF SEPARATION is made this ……… day of …………, …………..

BETWEEN

……………………………… OF P.O.BOX …………….., ……………… (hereinafter called the “HUSBAND” of the ONE PART

AND

……………………………… OF P.O.BOX ………………. ………………. (hereinafter called the “WIFE”) of the other part.


WHEREAS unhappy differences have arise between the HUSBAND and WIFE and they have mutually agreed to live apart from each other and to enter the arrangement hereinafter contained.

AND WHEREAS the HUSBAND has by the WIFE three children namely:



    • ………………………………………………..........
    • ………………………………………………………..
    • ………………………………………………………..


NOW THIS DEED WITNESSES and the parties hereto mutually agree as follows:

  1. The wife may at any times hereinafter live separate and apart from the husband in all respects free from the control and authority of the husband.

  1. That the HUSBAND who accepts the responsibility for the breakdown of the marriage shall be responsible for the institution and costs of the matrimonial proceedings for divorce.

  1. That the HUSBAND undertakes to immediately hand-over to the WIFE her share of the matrimonial property which by consent of both parties, the share of the WIFE’S matrimonial property is as follows:

(a)  ………………………………………………………, ..................

(b)  ………………………………………………………., ……………...

(c)  ………………………………………………………., ……………….

(d)  ………………………………………………………., ……………….
(e)  ………………………………………………………., ……………….

(f)   ………………………………………………………., ………………..

(g)  ………………………………………………………., ………………..

(h)  ………………………………………………………., ………………..

(i)   ………………………………………………………., ………………..


  1. That although the ……………………………….. (item (f) in the list in paragraph 3 hereinabove) shall remain in the possession of the WIFE, the HUSBAND undertakes to complete payments of the purchase price as the said property was purchased on the credit terms.



  1. That in the event the HUSBAND defaults I payments in respect of the …………………………… to in the foregoing paragraph and the vehicle is attached or seized the HUSBAND shall pay the WIFE Tshs. ………………… which was the original purchase price of the vehicle.

  1. That hand over of the property and payment of cash as listed in paragraph 3 hereinabove shall be made by the HUSBAND to the WIFE prior to any proposed marriage of the HUSBAND to any other woman of his choice.

  1. That in the event, the HUSBAND default on the undertakings made hereinabove the WIFE shall be entitled to lodge a caveat and or stop any such proposed marriage.

  1. That at the process, the HUSBAND fulfills the undertakings made hereinabove the WIFE shall be entitled to lodge a caveat and or stop any such proposed marriage.

  1. That upon fulfillment of all covenants herein, neither of them, the HUSBAND and the WIFE shall not molest or interfere with the other nor will bring a suit for restitution of conjugal rights against the other.

  1. That the children shall be at liberty to stay at the place of abode of any of their parents and the HUSBAND and the WIFE as the case may be shall allow access and communication with the children to the other party at all convenient and reasonable time.

  1. This DEED shall be revoked upon obtaining divorce decree by the HUSBAND whish incorporates the contents of this deed by the death of either party.




IN WITNESS WHEREOF the parties have signed this DEED on the date first hereinbefore mentioned.

SIGNED and DELIVERED at ………………………..
 by the said ………………………. who is personally
known to me/has been identified to me by                            ……………………………            
……………….. That latter being personally                         HUSBAND’ SIGNATURE
 known to me this ………. day of ………, …………


          Signature …………………………………….……….
          Postal Address ………………………………………
                               ………………………………………
          Qualification …………………………………………


SIGNED and DELIVERED at ……………………..
by the said ………………………. who is personally
 known to me/has been identified to me by                ……………………………….
…………………….. That latter being personally                WIFE’ SIGNATURE
known to me this ………. day of …………, …..…

          Signature …………………………………….……….
          Postal Address ………………………………………
                               ………………………………………
          Qualification ………………………………………….



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