FAQs About Separation Agreement Answered.

Are you thinking about getting separated from your spouse? Ending a relationship is never easy. There are multiple conflict points, emotions, and legal aspects to deal with. However, going through these can guide you and your partner towards an agreement commonly known as a separation agreement. 

Although separation agreement is not mandatory by Canadian law, preparing one can save you, and your spouse from the family law disputes agreed upon. When you decide to draft a separation agreement, it is better to consult a family lawyer or law firm that deals cases with empathy. 

At times, despite having professional help, your mind is flooded with numerous questions. After all, getting into something as crucial as a separation agreement is not a child’s play. In order to make you feel informed and relaxed, the following article tends to answer some of the most common questions about separation agreements in Canada. 

Why Make A Separation Agreement?

A separation agreement is simply the signed document that the separating couple normally signs to agree upon the procedure to deal with their potential family law issues. 

Considering separation agreement is a good option for the following reasons;

• It is a legal contract mentioning the explicit terms of the agreement. 
• It provides clear guidelines about what to do with family law issues after separation.
• It is enforceable by law and court.
• It is cheaper as compared to court cases.
• It takes less time to solve family problems using an agreement instead of going to court.

Is Separation Agreement Mandatory For Separating Couples?

In reality, there is no such thing as filing for separation in Canadian law. Couples are considered legally separated as soon as they start living separately or apart. However, legal separation is often associated with the separation agreement settled by the parties to cater to any legalities. 

Do I Need a Separation Agreement To Get Divorced? 

Normally, you don’t need a separation agreement to get a divorce. However, if you have a kid with your spouse, the court will demand evidence that the necessary financial arrangements have been made for them. Otherwise, divorce will not be granted. 

Having a separation agreement can be helpful in the following ways; 

• You can set the arrangements you and your spouse have agreed upon. 
• The divorce process becomes fast, less expensive, and uncontested.

If you don’t have children and there is no property dispute, there is no need for a separation agreement. 

What Happens When Your Spouse Won’t Work On Separation Agreement?

You can’t force anyone to get into an agreement with you; may it be the separation agreement. If you can’t resolve problems with your spouse and reach an agreement, these are the few options you have got:

• First, you can get a lawyer, and they might be able to come up with a mutual agreement.

• Second, you can hire a mediator that suggests ways to solve the problem without going to court. They help devise a middle way to follow and keep the problem out of court. 

• The third option is to have a collaborative negotiation. In this case, you and your spouse hire a lawyer together and agree that you will do anything to solve the problem outside the court. 

• Fourth, almost the second last option before going to court is arbitration. In this, you hire a neutral third party to find a solution for your problem. The decision of an arbitrator is binding. 

How Long Does A Separation Agreement Last?

They are meant to be permanent and don’t have any expiry date. So, separation agreements last till one or both parties to the agreement die. Accordingly, agreements that end earlier will have prior clauses explaining the reasons. However, the clauses and points about the children can be changed over time if a change in circumstances arises. 

What If We Run A Family Business Together?

If separation is on really hard terms and you run a business together with your spouse, you might not want to remain a business partner after separation. It is essential to resolve all the ownership and financial issues before getting into an agreement, as they can be complicated (especially if tax settlements are involved). 

Therefore, it is advisable to consult an expert and trusted family law lawyer before getting into a separation agreement. 

What If A Spouse Dies During Negotiations?

If a spouse dies before the court action is started or the agreement is signed, it can complicate things and impact the division of property and debt. 

Proper legal advice is needed if: 

• You know you are dying.
• You know your partner may die before the separation agreement is concluded.
• Your partner died after separation but before the separation agreement was signed. 

Conclusion 

A separation agreement may not be a legal requirement for separation to occur as per Canadian law. However, it can be a great source to avoid unwanted conflicts disagreements about family law issues after separation.