Deed of separation template (Uganda)
In brief
A precedent deed of separation recording the terms on which a married couple agree to live apart.
When to use this
When a couple wishes to live apart and agree arrangements without (yet) divorcing.
When a bespoke document is needed instead: Where a divorce or judicial separation is intended — those are court processes; take advice.
The template
A precedent only. Replace every [PLACEHOLDER] with your own details; it contains no real party data. Have it reviewed before use.
Title
DEED OF SEPARATION
Date & parties
THIS DEED OF SEPARATION is made on [DATE]
BETWEEN [SPOUSE A FULL NAME], of [ADDRESS]
AND [SPOUSE B FULL NAME], of [ADDRESS] (together “the Parties”), who are lawfully married to each other.
Recitals (Background)
(A) The Parties were married on [DATE] at [PLACE] under [the Marriage Act / customary law].
(B) Differences have arisen and the Parties have agreed to live separately and to settle arrangements for their children and property on the terms below.
1. Agreement to live apart
1.1 The Parties shall live separately and apart from [DATE], and neither shall molest, interfere with or compel the other to cohabit.
2. The children
2.1 The children of the marriage, [NAMES and dates of birth], shall live with [PARENT] (“the resident parent”).
2.2 The other parent shall have reasonable contact, namely [arrangements], and shall pay maintenance of UGX [AMOUNT] per month for the children, plus a share of [school fees / medical].
3. Matrimonial home & property
3.1 The matrimonial home at [ADDRESS] shall be [retained by / sold and the proceeds divided as] [TERMS].
3.2 The Parties divide the other matrimonial property as set out in the Schedule.
4. Maintenance / spousal support
4.1 [Spouse] shall pay [Spouse] maintenance of UGX [AMOUNT] per month [for [period] / until [event]] / The Parties agree that neither shall claim spousal maintenance from the other.
5. Debts
5.1 Each Party is responsible for the debts in their own name incurred after [DATE], and shall indemnify the other against them.
6. Status & review
6.1 This deed does not dissolve the marriage; neither Party may remarry while the marriage subsists.
6.2 The arrangements for the children may be reviewed by agreement or by the court, the children’s welfare being paramount.
7. General
7.1 This deed is the entire agreement between the Parties on its subject; variation must be in writing signed by both; it is governed by the laws of Uganda; a court retains power over the children’s welfare whatever this deed says.
Schedule — division of property
[List the property and how it is divided between the Parties.]
Execution
SIGNED, SEALED and DELIVERED as a deed by [SPOUSE A]: ____________ Date: ________ Witness: ____________
SIGNED, SEALED and DELIVERED as a deed by [SPOUSE B]: ____________ Date: ________ Witness: ____________
Drafting notes
- Children first
- Put the children’s welfare first; courts retain power over custody and maintenance whatever the Parties agree.
- Maintenance
- State the maintenance amount, mode and review trigger clearly, for both children and (if any) a spouse.
- Property
- Use the Schedule to record exactly how the matrimonial home and other property are divided.
- Debts
- Allocate post-separation debts and add mutual indemnities.
- Not a divorce
- A separation deed does not dissolve the marriage; neither Party may remarry.
Execution requirements
- Both Parties sign as a deed, with witnesses; each keeps an executed original.
- A court can still vary arrangements for children in their best interests, whatever the deed says.
- The deed is evidence of the agreed terms and of the date and fact of separation.
Governing law & citations
Governed by the general law of contract and the Children Act, Cap. 62 (children’s welfare); the marriage subsists until dissolved.
- Children Act, Cap. 62 (2023 Revision) — ss.3, 5.