What Is a Separation Agreement?
A Separation Agreement is a legally binding contract that outlines the terms of separation between a married or common-law couple. It allows the parties to control the outcome of the separation instead of leaving the decision in the hands of a judge. It should consist of the following elements:
- Full names and addresses of both parties: Personal contact information is required.
- Date and place of signing: This information safeguards the validity of the agreement.
- Child custody, support and access: Decisions regarding minors should be strictly outlined.
- Division of property: The agreement should clearly outline how assets and debts will be divided.
- Spousal Support: If spousal support is required, details on the amount and duration of payment should be stated.
- Legal advice: Both parties should acknowledge that they have received independent legal advice before signing the agreement.
- Language of the agreement: The document should be legible and provided in clear and concise language.
- Signatures: Both parties should sign the agreement, and a third party should witness their signatures.
- Governing law: The document should state which provincial or territorial laws govern the agreement.
A Separation Agreement can be negotiated and drafted between spouses; however, it is best to create a Separation Agreement through mediation or by hiring a family law lawyer. An Oakville family lawyer will fight for your best interests during the negotiation and ensure your Separation Agreement is enforceable and legally binding in the event of a divorce.
Why Should You Choose a Negotiation and Separation Agreement Lawyer?
A family law lawyer is licensed and knowledgeable about your legal rights and Canada’s provincial prerequisites. For example, in Ontario, it is mandatory to be separated from your spouse for at least one year before being eligible to file for a divorce.
At Carpenter Family Law, we have extensive experience negotiating Separation Agreements for our clients. Geoffrey Carpenter will work with you to understand your goals and priorities and develop a strategy for negotiating the best possible agreement.
We understand that every separation is unique, and we will take the time to listen to your concerns and answer any questions. We will also work closely with your partner’s lawyer or mediator to ensure that the negotiation process runs smoothly and efficiently.
Request a Consultation with a Family Lawyer in Oakville, ON
The separation process can be emotionally, mentally and physically draining on you and your family. Carpenter Family Law in Oakville will ease this burden by working to achieve a satisfactory negotiation process and separation agreement for you and your spouse. Geoffrey Carpenter is a highly skilled negotiator, mediator, litigator and educational speaker with over a decade of experience.
We will provide you with the best legal representation during your separation. Visit our office in Oakville, call us at 905-842-0635 or complete our online contact form to request a free consultation.