Separation Agreements

Separation Agreements: What are they and how do you get one?

A separation agreement is a contract that is intended to settle the affairs of couples who have separated. This agreement can be signed even before any legal proceeding has been commenced.

There are a number of things to keep in mind when talking about a separation agreement (this list is not meant to be exhaustive since everyone’s circumstances are different):

1. The agreement should put to rest once and for all the following:

1. A division of property including the matrimonial home, furniture and other assets;
2. Spousal support and when or if it will terminate;
3. Child custody;
4. Child support and when it will terminate;
5. Sharing child related expenses;
6. Access and holiday schedules for the child(ren);
7. Any other issues that you or your spouse feel need to be finalized in writing.

2. You need to prepare a Financial Statement that lists all of your assets and debts.

3. You should consider whether you need a parenting coordinator.
4. Be aware of the pitfalls of not receiving Independent Legal Advice.

You can seek out the assistance of a mediator to help you in the negotiation. This is a very useful way to reach an agreement since the mediator is often a lawyer and he or she will be able to guide you both through the process. The cost of a mediator is far, far less than the cost of two warring lawyers.

It is important to understand that you can never contract away on a permanent basis the issues surrounding children. Courts consider the ‘best interests of the children’ as paramount and therefore issues surrounding custody and access as well as child support are always subject to change if circumstances change.

Once you have signed a separation agreement you can then go ahead with a divorce at minimal cost. If you were in a common law relationship then once the agreement is signed you are able to move forward with your life.