What is the DOS about?
A DOS is a private document which may be revoked at any time with the consent of both parties.
There are two categories the deed must contain.
- Terms of the separation (i.e date when the parties have been separated)
- Ancillary issues pertaining to the issues of child custody, care and control and access, spouse and child support (maintenance) and division of matrimonial assets.
See more in ‘Considering A Deed of Separation’ and ‘Terms in A Deed of Separation’.
While it may appear that a DOS is akin to a divorce judgment, a DOS does not mean divorce proceedings have commenced. A divorce must be filed for the commencement of divorce proceedings.
A DOS does not legally end the marriage. It merely gives the parties some time away from each other to sort out their issues.
If both parties decide to divorce after the deadline for the DOS, parties must commence divorce proceedings on the ground that the marriage has irretrievably broken down (‘Living Apart- Ground for Divorce’).
