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Posts from the ‘Separation Agreements’ Category

Is a separation agreement written in 2002 binding today?

Separation agreements outline each spouse’s rights in regards to major issues such as support payments, property, and custody and access (Family Law Act s. 54). Separation agreements become legally binding contracts once they are signed, and should not be taken lightly as they can have a large impact on the future of the entire family. Once signed, both parties must respect and follow the contents of the agreement. There is no limitation period on separation agreements; however, other factors play a role in determining whether the agreement may be set... MORE »

Why should I sign a separation agreement?

Separation agreements are usually the best way to try to settle issues resulting from the breakdown of the matrimonial relationship. If you refuse to engage in the negotiation of a settlement agreement you will almost always end up in front of a court. Court proceedings are much more expensive then working to negotiate a settlement agreement and can also take much longer to resolve themselves.

If you have children, negotiating a separation agreement can help to bring stability to their lives at a time when they need it most. Fighting a... MORE »

What are the most important topics for my separation agreement to include?

The most important topics for you will vary based on your relationship and the circumstances surrounding the breakdown of that relationship. In most cases the most important topics for your separation agreement to cover will include custody and access, child support, spousal support and equalization of family property.

Important issues for different people can vary quite a bit. In some situations the parties may not have children, but they may be very concerned about what is going to happen with regards to family pets. It is not unheard of for parties... MORE »

Why do I need a lawyer to draft my separation agreement for me?

Not only you require a lawyer but your spouse also will need a lawyer different from your own. If you do not each have a lawyer, then there is no way to ensure that the agreement is fair, that the agreement is in compliance with the law or that one party did not force or pressure the other party into signing the agreement.

It is of course physically possible for you to draft your own separation agreement, but without lawyers to represent each party and explain to them their rights, risks... MORE »

What happens if my spouse does not follow the separation agreement?

If your spouse is refusing to comply with your separation agreement the first step would be to try to talk to them about it and gently remind them that they agreed to the terms of the agreement and that you intend to enforce your rights under that agreement.

The next step is to see a family lawyer and have that lawyer write a “demand letter” to your spouse informing them that they must comply with your request or risk court action. Sometimes you may decide that it is worth the cost... MORE »