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Hello, I’m Megan Jamieson, an Associate with Feldstein Family Law Group.
Today, I will be discussing Separation Agreements.
A Separation Agreement is a private or domestic contract made between separating spouses to resolve some or all the issues resulting from their separation such as parenting, child support, spousal support and property division.
Since these issues can be complex and will likely have a significant and long-term impact on your legal rights and obligations, it is important to consult with a family law lawyer to assist you in drafting or reviewing your Separation Agreement. However, it is important to note that separating spouses cannot use the same lawyer to provide legal advice with respect to their Separation Agreement. To protect your legal interests, it is important to obtain independent legal advice to ensure that you are aware of the consequences and implications of signing a Separation Agreement.
Generally, the negotiation of a Separation Agreement is less costly than proceeding in court. However, to effectively negotiate the terms of a Separation Agreement, both parties must be willing to negotiate in good faith and maintain a cooperative attitude to achieve a result that is satisfactory to both parties. Having said that, each party should be acting voluntarily and not be subject to any duress or pressure because of the actions of the other party. Otherwise, the Agreement may be set aside in the future.
When entering into a Separation Agreement, it is also important that the parties exchange full and frank financial disclosure, particularly when the parties are negotiating support or property issues. The exchange of financial disclosure allows each party to negotiate from a position of knowledge, which reduces the likelihood that the validity of the Separation Agreement will be challenged later.
A Separation Agreement may be used to resolve some or all issues in your family law matter. Once the Separation Agreement is signed by both parties, witnessed and dated, it becomes a legally binding document.
Thank you for taking the time to listen today. If you require more information with respect to Separation Agreements and wish to schedule a consultation, please visit our website at www.separation.ca or contact our office at 905-415-1636.