A Starting Point
If you and your spouse are contemplating a divorce or separation, or are already separated, our experienced family lawyer can assist in drafting the terms of a separation agreement to outline the terms of your separation in the form of a binding contract. A separation agreement is useful for both legally married couples and common-law couples. Separation agreements often include the terms relating to a residency and parenting schedule with the children, appointing sole or joint decision making with respect to the children, the amount of child support payable, and the amount and duration of spousal support payable, amongst other things.
There are several additional clauses that are included in a separation agreement that protect your rights. However, without the guidance or advice of a family lawyer, these are often neglected. An experienced family lawyer can ensure that a separation agreement is valid and enforceable, and aligned with your rights and entitlements under the law. Separation agreements, in whole or in part, can be set aside upon application to the court, which can become costly and complicated.
While separation agreements, when properly drafted by a family lawyer, can be a more amicable and more cost and time-effective way to finalize the terms of your separation, we understand that in some circumstances negotiating a separation agreement is not an option. Moreover, finalizing and signing a separation agreement, even with the assistance of a family lawyer, does not provide you with a legal divorce, which you will need in the event you wish to remarry.