When spouses decide to end their marriage, it can be a complicated and stressful process, particularly if there are children and a number of assets involved. It is always beneficial to resolve any issues in an effort to avoid costly court expenses. A separation agreement is one solution to avoiding arguments, stress, and frustration.

Whatever assets that have been obtained during the marriage by either party may be the property of both spouses. A separation agreement is a contract between separating spouses resolving such issues as marital property, financial assets, children custody issues, and joint property assets. In most situations, a properly and legally prepared separation agreement will pre-empt any spouse\’s attempt to challenge an issue that was resolved in the agreement unless there has been a significant change such as a change regarding the children. Working out and signing a separation agreement is a vital step in the dissolving of a marriage as the decisions you make can affect you both for the remainder of your lives, as well as your children\’s lives.

A separation agreement is a contract that you must comply with and it should be in writing form and witnessed, signed, and dated, so you have legal proof of your agreement. If you want an uncontested divorce, a legally valid separation agreement is the way to go. The agreement should contain all of the important issues such as: issues relating to your children such as custody and child support, spousal support and end date of the support, property issues such as who gets what and what assets you will sell, issues regarding debt such as paying outstanding debts such as personal loans, mortgage, credit cards, and vehicles leases, and issues regarding your investments such as pensions, RRSPS, etc.

It is always better if you have lawyers draft your separation agreement. If you both use the same lawyer, you should take the finalized version to an independent lawyer to check to make sure your interests and rights are protected. If you cannot resolve all issues, consider a mediator who can assist you both with coming to an agreement. It is important to check your State or Provincial guidelines on enforcing a separation agreement by the courts.

The process of concluding a marriage can be much more peaceful and amicable when two spouses have settled their issues via a separation agreement. Without it, you both may find yourselves involved in a messy and distressing court battle that can be both long and expensive, and it will not just affect you, but also your children. You also do not want a judge deciding making the decisions, especially regarding your children. A well written separation agreement will give you and your spouse the ability to make future amendments when circumstances change and you will not have extra court costs.

A separation agreement should be considered an investment in personal protection. If you are thinking about creating a separation agreement, contact an experienced divorce lawyer for advice and even represent you during the drafting and finalization of the agreement.

When getting a divorce in Ontario a Toronto divorce lawyer can make the experience less confusing and provide guidance by bridging the gap between clients and family law Ontario.

When getting a divorce in Ontario a Toronto divorce lawyer can make the experience less confusing and provide guidance by bridging the gap between clients and family law Ontario.
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Author Bio: When getting a divorce in Ontario a Toronto divorce lawyer can make the experience less confusing and provide guidance by bridging the gap between clients and family law Ontario.

Category: Legal
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