Separation agreements are meant to provide clarity and stability for parties post-separation; however, because life does not stand still, even well-drafted separation agreements may be unable to predict certain future changes in circumstances. This may leave one or both parties feeling like what was once a fair agreement no longer reflects their current reality. It is not uncommon for parties to revisit and update a separation agreement, rather what they need to know is when this should be done. Parties should consider updating or renegotiating their separation agreement when there has been a material change in circumstances.
Significant Changes in Income
A common reason to revisit a separation agreement is a substantial shift in either party’s financial situation. This can include a former spouse’s career change, job loss, promotion, or retirement. These are examples of financial changes that can directly affect children and spousal support obligations. If the financial foundation of the agreement has changed, the terms tied to that foundation may no longer be fair or sustainable. Reviewing and adjusting the agreement can help ensure it remains fit for your financial situation.
Changes in Parenting Arrangements
As children grow older, their needs evolve, and most times, so do their schedules. A parenting plan that worked well for a toddler may no longer make sense for a teenager balancing school, extra-curriculars, and a social life. Parenting arrangements can and likely should be revisited if a major change affecting the appropriateness or feasibility of the current arrangement occurs. Some examples include:
- One parent relocates;
- The child wants to spend more time with one parent; or
- There are concerns about the child’s well-being in the current arrangement.
In family law, the best interests of the child are paramount, therefore, any change to an agreement should be made with that intention at the forefront.
Remarriage or New Relationships
Entering a new long-term relationship or remarrying can affect financial obligations; particularly spousal support. While remarriage does not automatically cause spousal support to be terminated, it may be a relevant factor in determining whether it should be reduced, restructured, or ended all together.
Ambiguity or Difficulty with Compliance
Sometimes, there is not one ‘triggering’ event that causes a review, rather there are issues with the implementation of the agreement. In some separation agreements, if certain clauses are unclear, it leaves room for parties to interpret them differently. To avoid continuous disputes, it may be beneficial for the parties to clarify the terms of the agreement.
How to Update a Separation Agreement
The easiest and most cost-effective way to update a separation agreement is to sign an amending agreement. This, however, can only be done if both parties agree to the changes.
If you and your former spouse are unable to agree, other avenues for change may need to be explored. Mediation/arbitration may be appropriate, depending on the dispute, however, both parties must agree to participate in the process. In some cases, parties may need to seek guidance from the court through litigation.
Conclusion
A separation agreement is only helpful and fair when it accurately reflects the parties’ circumstances. Regular and proactive review of your separation agreement can help prevent disputes, protect your rights, and uphold the purposes of having a separation agreement.
If you are unsure whether a change in your circumstances warrants a need for updating your separation agreement, consider speaking with a family law lawyer to help you understand your options and gain insight into next steps.
Attention Legal Counsel: Professional Mediation Services
When your clients have reached an impasse in settlement discussions, Andrew Feldstein offers third-party mediation services specifically designed for cases where both parties have independent legal representation.
Why lawyers refer cases to Andrew:
- 30+ years family law litigation experience providing courtroom-informed reality testing
- Expertise in complex financial matters including business valuations and professional corporations
- Efficient, structured process that respects counsel's time and maintains client relationships
- Flexible scheduling including virtual mediation and travel to counsel offices
Cases we handle: Negotiation stalemates, complex asset division, support calculation disputes, parenting arrangements, multi-jurisdictional matters, and post-separation modifications.
Refer your next mediation: Call Andrew directly at 905-415-1635 ext. 255 or email info@separation.ca. Virtual and in-person sessions available throughout the GTA.