Important parts of separation agreements | Need A Divorce Lawyer

Important parts of separation agreements

by James Rankin

First, remember that a separation agreement does not end a marriage, only a divorce can do that. However, an agreement can still be a very important and powerful document. It can be used along with a divorce to set out all the details regarding the split. In that case the divorce ends the marriage but all the details are dealt with in the agreement.

A separation agreement does not need to be accompanied by a divorce at any point. There are situations when a couple finds that they want the separation but not the divorce and will remain that way. Also, couples sometimes get back together before the point of divorce.

Filing the agreement is sometimes done with a divorce but usually done when one party needs help enforcing it. It does not need to be filed with the court to be legal as long as it is correctly signed.

Some provinces cannot enforce certain terms of the agreement unless both spouses have had independent legal advice (from a lawyer) or sign a waiver of independent legal advice witnessed by a lawyer before signing the agreement. It is always smart to have a lawyer take a look at the agreement before signing it.

Be sure to have your spouse get independent legal advice as well. If they do not get it, they can ask the court to overturn it because they did not understand what they were signing.

The care and financial support of children, spousal support, and division of property and debt. These are the main issues that need to be taken care of in a separation agreement. If you do not have one or any of these issues to deal with then the agreement will be easier to make.

So the essential things to keep in mind are: 1. to understand what a separation agreement can and cannot do; 2. to make sure that it is signed correctly after receiving independent legal advice; and 3. to make sure it deals with the important issues of children, income and property.

About the Author:

This author suggests that you visit DivorceOnline.ca/separationagreement for additional information about a separation agreement.

This entry was posted on Sunday, December 28th, 2008 at 4:09 am and is filed under Divorce. You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.

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