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Posts from the ‘Separation Agreements’ Category

What do I do if my spouse isn’t following our separation agreement?

First, it is always best to speak to your spouse about your separation agreement, and remind them that they are legally bound to comply with its terms. If this is not effective, you can also let them know that you may speak to a family lawyer to find out how to enforce your rights if they do not comply.

If your partner still does not respond, you can have a family law lawyer draft a “demand letter.” This simply informs your spouse that if they do not fulfill their obligations under... MORE »

What do I need to include in my separation agreement for it to be court enforceable?

This is an important consideration, especially if you have any reason to believe that your spouse may not comply with your separation agreement in the future. If your separation agreement is not created in a certain way, the courts may set it aside all or part of it should any problems arise in the future.

The following aspects must be complied with during the drafting of a separation agreement:

  • Both spouses must provide full and truthful financial disclosure
  • There cannot be any undue pressure, and it the process of creating the document must... MORE »

Should I sign a separation agreement?

In order to avoid going to court, a separation agreement may be the most effective way of negotiating the matters resulting from your marriage breakdown. Separation agreements can save money and time spent in court.

Separation agreements help ease the transition of family life during this difficult time, which can be especially important if you and your spouse have children. Time in court often has damaging effects on both spouses and children, and is usually worth avoiding.

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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 »