Separation Agreements 

A written separation agreement is often used by spouses to resolve all of their differences or arguements. They can avoid or expedite court proceedings by entering into such an agreement, with the exception of those required to get a divorce order to dissolve their marriage. However, under the Family Law Act, a parent's legal rights over childrearing cannot be altered by an agreement.

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A separation agreement is a contract between spouses that includes information about the division of property, parenting responsibilities, support, and other arrangements.

 

A separation agreement can be made at the time of separation or later. You can make a separation agreement if you're married or unmarried.

You do not need to make a separation agreement, but having one can be helpful if there are disagreements later. A separation agreement is legally binding if it:

• is written down

• is dated

• is signed by each parent in front of a witness

• is signed by the witness

• follows family law legislation.

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The witness must be at least 18 years old and must be mentally competent. The witness does not need to read or know the terms of the agreement. The witness is there to confirm that the spouses signed willingly and were not pressured to sign a binding legal agreement.

Once the separation agreement is signed, it becomes a legal contract. It's important to be sure you fully understand and agree with the terms of the agreement before you sign it.

What does a separation agreement address?

Typically, a separation agreement will address issues like:

• Parenting time (access and custody)

• Financial assistance (spousal or common-law partner support, as well as child support)

• Responsibility for family debts, the ability to reside in the family house, and the division of family property

• Estate rights upon each spouse's passing

• Who can assist me in creating a separation contract?

• The primary terms of an agreement are sometimes negotiated by the parties alone or with a mediator's help. After that, family lawyers can offer counsel and formalize their agreement in a more thorough document.

Couples frequently engage a lawyer to haggle or negotiate the parameters of an agreement because they are unable or unable to come to an agreement on their own. Couples occasionally wish to have one attorney represent them both in order to save money on legal fees. This isn't feasible. Only one party may be represented by a lawyer in a case.

Since a separation agreement is a legally binding contract, it is crucial that both parties have separate legal counsel. The other spouse may file a lawsuit in court if one of them doesn't follow the terms of the agreement. Although it is possible in certain situations, a court is unlikely to get involved if the arrangement is a bad deal for one spouse (for example, a spouse receives less property than they would be legally entitled to). For instance, if a spouse persuades the court that an agreement was made under unfair pressure or through deceit, the court may set it aside.

Compared to a typical court ruling, a separation agreement might be more specific and attentive to the interests of the specific family. It can be more expensive and challenging to enforce, though, because it is not a court order. 

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