A separation agreement is a document you make when you want to stop living as a couple, explaining the arrangements you want to make for things like finance, children and property. You can use one, whether you`re married or unmarried. If you are married, you can use a separation agreement to agree on the terms of your separation before entering into divorce agreements. If you live together and you are not married, you can also find an agreement like this useful because common law partners are not protected by laws in the same way as married couples. If you would like to enter into a separation agreement or would like additional advice, please contact our customer service team to speak to one of our divorce lawyers. The separation agreement is attached to the order and approved by the Court of Justice. Mediation usually lasts up to six or seven sessions, but this can vary depending on the complexity. If an agreement is reached, the mediator establishes the terms of the agreement. It is recommended that people have independent legal advice before signing the agreement. It is also important that any separation agreement complies with legal conventions – and according to legal standards – so that it can be brought to justice.
A separation agreement is useful if you have not yet decided whether you want to divorce or break up your partnership or are not yet in a position to do so. It is a written agreement that usually defines your financial arrangements while you are separated. It can cover a number of areas: To submit your agreement, take a copy of your signed agreement to your local provincial court or Supreme Court Registry and request to submit it. Unmarried couples can also find a separation agreement as a useful means of dealing with the issue of the distribution of assets and responsibilities held together. For example, a couple living together may want to formally agree on how the remaining rent due to a temporary rent can be distributed. However, we find that this is not always guaranteed for separation couples – and relationships can deteriorate, a partner changing their minds later! This is why it is useful to conclude a formal written agreement with the legal counsel. You and your spouse must each have their own lawyer, because lawyers cannot act for both people in the event of separation or divorce. That would be a conflict of interest. What is independent legal advice? say more about it. When you register your contract with the Family Maintenance Enforcement Program, the child and spos support parts are applied. If you do not have a dependent child, you do not need to include your consent in your divorce application. The terms of your separation agreement can be transferred by your lawyer into a financial consent order.
You can also enter into a separation agreement valid for a specified period of time.