SEPARATION AGREEMENTS
What is a separation agreement?
A separation agreement is a written contract between two former partners which records how they will divide their property, manage support payments after separation, and share custody if they have children together. The agreement records, in detail, how the parties have resolved each legal issue in their case. A well-drafted separation agreement will make clear each person’s entitlements and obligations after the relationship ends.
Separation agreements are negotiated outside of court. Rather than proceeding through litigation and asking a judge to decide what should happen in your case, a separation agreement is created by agreement between the parties. This may involve using the help of lawyers, mediators, or using a collaborative law process.
The importance of receiving legal advice from a family law lawyer before signing a separation agreement cannot be overstated. The terms you negotiate in your separation agreement will determine how much you receive in property division, whether you receive or pay support, and how much time you have with your children. An experienced family lawyer can advise on your rights under the Family Law Act and ensure that you receive what you deserve.
Clauses in a Separation Agreement
- How family property will be split after separation,
- Who is responsible for paying down joint debt, credit cards, or a mortgage,
- How much each party will pay or receive in spousal support or child support,
- When each parent will see their children, and
- Who will make important decisions about the children’s lives.
How do I get a separation agreement?
Both parties must agree on how the issues in their case will be resolved prior to preparing a separation agreement. Mediators and lawyers can both help the parties come to an amicable resolution. Once everyone is on the same page, a lawyer needs to draft the separation agreement so that the terms are clear and enforceable. It is best practice of the other party to retain their own lawyer and receive independent legal advice.
At Virgin Law Group, we have the experience, skills, and knowledge to help you through your family law matter and draft an enforceable separation agreement.
