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 during their 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. For example, there are differences under the law for married
and common-law spouses.
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fast and easy way to get help. GO |
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