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Separation Agreement

A separation agreement can be an effective and inexpensive way of settling family matters and can save you and your partner from drawn-out court proceedings and costly litigation

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What is a Separation Agreement?

A Separation Agreement is a straight-forward method of solving issues after the breakdown of a relationship.

When should I consider a separation agreement?

Separation Agreements are a simple and relatively inexpensive method of separating.

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What are the steps in a separation agreement?

The Separation Agreement process is often quick and inexpensive compared to contested divorce options.

What is a Separation Agreement?

 

A separation agreement is a contract outlining the settlement of issues that arise when a marriage or common-law relationship ends. Separation agreements can address any issue that may lead to a disagreement between a couple; this may include everything from the division of matrimonial property, child custody, support, care, and education to who will be responsible for the family pets.

A separation agreement can be an effective and inexpensive way of settling family matters and will save you and your partner drawn-out court proceedings and costly litigation; however, for a separation agreement to work, it’s crucial that both you and your partner get along well enough to come to agreements on sensitive issues and that the terms of the separation are fair.

When to Consider a Separation Agreement

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If you’re having difficulty reaching an agreement but want to consider alternatives before asking the court for help

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If you’re capable of resolving your disagreements fairly on your own without a judge or arbitrator

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If you want to stay out of the courtroom

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If you trust your partner to make concessions and work towards everyone’s best interest

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If you’re willing to work towards understanding and accepting the viewpoints of your partner and children

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If you want to be in control of the process and have ownership over the solution

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If you’re looking for a quick, cost-effective separation option

Separation Agreement Timeline

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Step 1: Identify issues

After a relationship breakdown, you and your partner collaborate to identify and discuss issues between yourselves. Issues may include the division of matrimonial property, child custody, support, visitation, and more.

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Step 2: Reach resolutions

After the issues are identified, you and your partner will attempt to reach resolutions that are fair and satisfactory to both parties.

To ensure the separation agreement is a success, each issue should be communicated and explored openly and both parties must be willing to make compromises. If a compromise is not possible, then the separation becomes contested.

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Step 3: Produce a formal agreement

Once the parties have exchanged ideas and a compromise is reached, one of the parties will produce a formal agreement and give it to the other party.

It is important to review the draft and ensure that it accurately reflects the agreements that we reached, includes a resolution to all discussed issues, and ensure that no further issues require further discussion or negotiation.

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Step 4: Obtain Independent Legal Advice

Once both parties are satisfied with the written agreement, they must each take the agreement to a lawyer for independent legal advice.

A lawyer should draft your separation agreement: this stage is critical and ensures that you i) understand everything in the document; ii) understand the implications of the rights and obligations you may be consenting to or sacrificing; and iii) it prevents either party from later claiming that they did not understand the details and consequences of the agreement.

For assistance obtaining independent legal advice, click here.

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Step 5: Sign the Separation Agreement

Once both parties are satisfied with the written agreement, they must each take the agreement to a lawyer for independent legal advice.

After both parties have consulted their lawyers and received independent legal advice, you will sign the agreement in the presence of a witness.

Book a Free Separation Agreement Consultation Today

Take Control of Your Solution. If you’re looking for a cost-effective solution to your issues, contact Virk Law Today.