Save time, money and heartache with a separation agreement.

Following a divorce or separation, you may be fortunate enough to be able to negotiate an agreement with your spouse about such issues as how the children will be cared for and how your property will be divided.  If so, you should take steps to have a legal separation agreement prepared. 

Even if you and your spouse are getting along and having no trouble agreeing at the moment, it is important that you get your agreement in writing.  Things change.  It is not uncommon for spouses who agree about an issue immediately following their separation to change their minds a few months, or a few years, later. 

You and your family need the certainty and security that you can get from a legal separation agreement.  Contact one of our experienced family law lawyers today to get the help you need in negotiating and preparing your separation agreement.

What is a separation agreement?

A legal separation agreement is a contract signed by both spouses that sets out the terms by which they agree to conduct themselves following a separation or divorce. 

What does a separation agreement cover?

Ideally, a separation agreement should deal with all of the issues stemming from your separation or divorce. However, if you and your spouse were only able to agree on how to deal with one or two issues, it is possible to have an agreement that only deals with those discrete issues. 

A Canadian separation agreement can deal with any issue, financial or otherwise, stemming from a couple’s separation, including:

• Child custody and residence issues.
• The children’s access time with the non-residential parent.
• Child support and shared expenses for the children.
• The value and division of family property.
• Whether spousal support will be paid, the amount of support, and the length of time for which it will be paid.
• Tax issues related to property division.
• Which spouse will be responsible for any debt accumulated by the family.

You may feel like your problems are unique, but chances are that your lawyer has encountered similar problems before.  Contact a lawyer and find out how they can create a separation agreement that caters to your particular situation.

How can I obtain a separation agreement?

Spouses must negotiate the terms of a separation agreement, but this might happen in a variety of ways, including:

• The spouses participate in a collaborative law process.
• The spouses agree to participate in a formal mediation process, either accompanied by their own lawyers or on their own.
• The spouses informally negotiate their own agreement and then convey their agreement to a lawyer who prepares a written agreement for them to sign.
• The spouses negotiate an agreement through their lawyers, often by way of written offers to settle made after the litigation process has been commenced.

Any of these methods can result in an equally effective separation agreement.  No matter how you and your spouse negotiate the terms of your agreement, you should both obtain independent legal advice before signing the written agreement. 

A contract is much less likely to be found by a court to be invalid or unenforceable if both parties to the contract obtained independent legal advice before signing.

Your lawyer will ensure that your spouse obtains independent legal advice before signing your separation agreement.

Who can obtain a separation agreement?

Anyone who is able to reach an agreement with their spouse on at least one issue stemming from their separation or divorce can sign a separation agreement setting out the terms of the agreement. 

Both marital separation agreements and common-law separation agreements are common.  If you are married, signing a separation agreement does not mean that you are divorced, but it is common for a married couple to include a term in their separation agreement stating that they will cooperate as necessary to obtain an uncontested divorce through the court.

Is a separation agreement legally binding?

A separation agreement is deemed to be valid and binding from the moment it is signed.  If any terms are not to be carried out until a specific date in the future, those details should be included in the agreement. For example, the transfer of real property from one person to the other will often have to be completed by a specific date in the future. 

An agreement remains in effect until its terms are met.  Agreements that deal with children, child support, and spousal support will often remain in effect for several years.

Consult a lawyer about your legal separation agreement.

Your lawyer can help you to negotiate and prepare a legal separation agreement and can ensure that your agreement is valid and fair for your entire family.  Don’t leave your family’s future to chance.  Get your agreement in writing.  Call one of our experienced family law lawyers today.