Lisa M. Dewar, Family Law and Medation  
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Separation Agreements

If you are newly separated, or thinking about separating from your spouse, the least expensive way to work out your affairs is by agreement. Usually separating spouses will consider parenting arrangements (if there are dependent children) and financial arrangements in order to agree how they will conduct themselves after separation. A Separation Agreement can provide stability during a temporary separation by setting out the parenting and financial arrangements during that period, or it can continue in effect after a divorce. The typical process for obtaining a written Separation Agreement is as described below.

Some of the options for your consideration are set out here for both parenting and financial arrangements.

Process
1 Consult with counsel.
2 Consider children and parenting arrangements.
3 Consider financial arrangements (income, expenses, assets and debts).
4 Consider if mediation or a collaborative process is appropriate.
5 Gather relevant information and documents.
6 Instruct counsel based on the legal advice provided.
7 Counsel will draft an Agreement with terms acceptable to you.
8 The Agreement is sent to the other spouse to sign after receiving independent legal advice.
9 Negotiation may be necessary if terms are not acceptable to other spouse.

Each family has different facts, so it is important to consult with counsel to determine which terms are appropriate in your particular case.

 


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