Everybody knows separating from your partner can be difficult, but it doesn’t have to be a legal nightmare. By following these simple steps, you can create an effective separation agreement that will protect your interests. Here are the basics of what needs to be in a separation agreement:
Getting a separation agreement is never a fun process, but it’s important to do it right. Here are the basics of what should be included in a separation agreement:
-financial matters such as child support, spousal support
-asset and debt division
-any other issues that may arise.
Make sure to get legal representation if you’re planning on signing a written agreement – this will help make the process easier, ensure you comprehend the finer nuances and long term consequences and ensure that everything is properly documented. Finally, make sure to keep the agreement clear and concise so that there are no misunderstandings down the road.
Separation agreements can be a tricky thing to negotiate, especially if you and your spouse don’t have all the same priorities. That’s why it’s important to enlist the help of a lawyer. A lawyer can help you create an effective separation agreement that meets your specific needs and protects your interests in the long term. A lawyer can help you address any legal issues that come up during the separation process with regard to the full disclosure of financial information. Asset and debt division can be complicated so, if you’re planning on formalizing a separation agreement, consult with a family law lawyer to make sure everything is fair and legal. It’s very difficult and expensive to re-address a faulty separation agreement, so legal advice is essential.
A separation agreement can take the form of a written, signed (and often filed) legal document that helps a couple avoid litigation after separating. A formal agreement should cover the main important issues and exist in triplicate; one to be referenced easily by each party, with an extra signed and witnessed copy for safe keeping. Generally, separation agreements are confidential. It’s also important to remember that when children are involved, separation agreements don’t end the relationship between the couple. They may rather act as a roadmap to help them manage their legal and financial responsibilities after they’ve separated.
– Always take the time to discuss your concerns and intentions ahead of time. This will help avoid any misunderstandings or hard feelings during the negotiation process.
-Prioritize. You can’t have it all, and you’ll bankrupt yourself by trying. Be clear about what you want from the agreement. Don’t hesitate to spell out exactly how you expect things to work between you and your spouse.
-Understand that any legally compliant arrangement included in a separation agreement is binding on both parties, similar to a court order. If one party doesn’t follow through with their part of the agreement, they may be held accountable in court.
-Remember that a separation agreement isn’t a divorce decree.
– Be prepared to negotiate in good faith. Try to resist laying blame, or dredging up past misdeeds. You will save a small fortune by remaining calm and willing to compromise. If you can’t agree on all the details of the agreement, try to come up with a compromise that works for both of you.
Reaching a separation agreement can be a difficult destination to arrive at, but with the right tips and advice, it can be a much smoother ride. Always keep in mind the purposes of a separation agreement – it should help to amicably resolve any disputes between you and your spouse. When negotiating, try to come up with an agreement that both sides can accept. Make sure all important issues are covered and be prepared to compromise on some points. If negotiations still fail to produce results, mediation or arbitration can be a good option.
By following the basics outlined in this blog, you will be well-equipped to write a separation agreement that is both fair and effective. Make sure to include all the key points that are important to you in the agreement, and be prepared to negotiate until both parties are satisfied. If you have any questions or concerns, don’t hesitate to book a consultation with one of our team. We focus exclusively on Family Law in British Columbia, with decades of experience in negotiation, mediation and litigation.
At Fleetwood Family Law, we understand the importance of family law proceedings and will work diligently to ensure that you are able to get the best possible outcome for your case.
