Separation Agreement Lawyers Kitchener

Separation Agreement Kitchener

Have you agreed on the terms of separation with your spouse? Have you put these decisions in a legally binding document? Any decisions you agree with your spouse will not be enforceable in court unless you draft a written agreement that details the terms of your separation. Separation agreements can be used by both married couples and cohabiting partners. While this document doesn’t finalize your divorce, it provides the basis for the agreement when you file for divorce a year after your separation.  This is especially important when you are dealing with issues of child support, as a court will not permit a couple to divorce if child support has not been dealt with, in accordance with the law.   In fact, a well-drafted separation agreement may also provide details on when and how you will get a divorce.

Are You Legally Separated?

The court will consider you legally separated if one or both of you decide to live separate and apart, and there is no chance of making amends. Most people assume that you have to file a written agreement in order to be separated by law. This is not the case. So long as one or both of you have communicated the decision to live separate and apart, you will be considered separated. Separation doesn’t mean that you need to live in different homes. You can maintain the same physical address but have your own separate spaces. To prove separation while sharing the same home, you must be living separate lives. Since there are often financial implications of getting separated, you need to work with a separation agreement lawyer in Kitchener to  help you understand your case.

What should be included in a Separation Agreement?

Are there any children in the marriage? Do you depend on or does your spouse rely on you for financial support? This will determine the terms of your separation agreement. This document can cover as many details as possible, including parenting arrangement, decision making and child support, as well as spousal support and division of property matters. For instance, if you do not intend to pay or receive spousal support, this should be clearly stated in the agreement. Details such as the amount and duration of child support and what happens to the matrimonial home should be included in the agreement. If you decide to sell the family home, the separation agreement should stipulate how the proceeds from the sale will be divided. If you have debts that need to be paid, the separation agreement should also cover details such as who will be responsible for the payments and the exact amounts. Other areas to cover in the separation agreement include how pensions and investments will be shared and the spousal support payable.

Good Reasons to Get a Separation Agreement

When you decide to end your marriage, the separation agreement should be the first step to clarifying the terms of your breakup. Failing to have a proper separation agreement in place can create a wealth of issues when filing for divorce and can impact you even after divorce.  There is also the risk of dealing with claims when filing for a divorce after having separated without an agreement. For instance, one partner can claim that they were owed support payments from the time of the separation. Additionally, a separation agreement educates you on your rights and obligations after ending your marriage. It makes it easier to move forward since it forces you to resolve the most important issues arising from the relationship that was.  It is also a document required by most mainstream lenders. If you are looking to get a mortgage on your own, now or in the future, the bank will require a signed separation agreement and will usually require it to be approved by a lawyer.