Separation agreements are made on the breakdown of a relationship. A separation agreement is a legally binding contract between the former couple that records a settlement of the legal issues that came up at the end of the relationship.
A separation agreement can be an inexpensive way for two parties to resolve the legal issues they may face upon the breakdown of the relationship. A separation agreement can save both parties a significant amount in legal fees and time in court.
The separation agreement makes sense if it is fair and the parties get along well enough to negotiate terms of the agreement. A separation agreement can offer more flexibility than court orders and can be tailored to the needs of the couple.
The process of entering into a separation agreement is relatively straightforward. The parties will discuss the legal issues they face resulting from their marriage or relationship breakdown and try to reach a mutual resolution. The parties or their lawyer take notes on how each issue should be resolved and that is turned into a more formal written agreement. The written agreement is then signed and dated by both parties. It is recommended that both parties receive independent legal advice prior to entering into a separation agreement. The lawyer will advise on the implications of the agreement, obligations of the parties, overall fairness of the agreement, and options available to the party or parties.
Requirements
Separation agreements must follow certain basic rules, including these:
Marriage agreements are usually made by spouses at the beginning of their marriage or in anticipation of marriage (sometimes referred to as prenuptial agreements).
Marriage agreements are a way for couples to opt-out of provincial and federal family law legislation and define the legal constraints of their relationship. Marriage agreements address the division of property, money and debts, and spousal support owed in the event of divorce. A marriage agreement is an opportunity to set out financial expectations for a marriage. A marriage agreement allows for both parties to protect themselves financially from any unexpected financial consequences of divorce. A marriage agreement is a binding contract on both parties of the marriage.
It is important to note that it is not mandatory to sign a marriage agreement. Your partner cannot force you to sign a marriage agreement and you have no legal obligation to do so. Prior to signing a marriage agreement, it is beneficial to get independent legal advice on the implications of the marriage agreement. Independent legal advice for both parties will also make it more difficult to change or invalidate the agreement later on.
Good or Bad idea
A marriage agreement may not make sense if neither party has a substantial amount of property or debts that they are bringing into the relationship. If one or more of the parties is bringing in a substantial amount of property or expects an inheritance then it may be beneficial to get a marriage agreement. If either party has a significant amount of debt or are bringing in a child from a previous relationship then it may also be beneficial to enter into a marriage agreement.
Requirements
Cohabitation agreements are made by parties who live together or are planning on living together. Cohabitation agreements are not legally required but can help clarify a couple’s responsibilities and financial expectations prior to or during cohabitation. Cohabitation agreements will address matters such as the division of property, debt, money and spousal support owed if the relationship were to end.
A cohabitation agreement is most often used to address matters at the end of the relationship. However, a cohabitation agreement can also address day-to-day responsibilities such as the distribution of housework and household expenses between a couple.
Marriage Agreements and Cohabitation Agreements
The main difference between marriage agreements and cohabitation agreements is the intention of the couple. Those who enter into a cohabitation agreement are not married and may not have any intentions to get married. An unmarried couple may become common law spouses under the Family Law Act if they were to live together for a period of two years in a marriage-like relationship or the couple has lived together in a marriage-like relationship for a shorter period of time and have a child together. In a marriage agreement, legal issues are addressed for those who are legally married through a civil ceremony or a marriage commissioner and are considered spouses under the Family Law Act. The rights of married and common law couples are the same with the exception of married couples having to get a divorce at the end of their relationship.
Is a Cohabitation Agreement right for you?
A cohabitation agreement allows you to decided what will happen with money and property in the unfortunate event that there is a breakdown of the relationship. A couple that is not considered a spouse under the Family Law Act may not be protected under the law in the event of relationship breakdown. A cohabitation agreement is legally binding and will ensure that both parties interests are protected in the event of a relationship breakdown. A cohabitation agreement can also be used in the event that one party does not live up to the responsibilities they have agreed to.
A cohabitation agreement has the following requirements:
How Collaborative Divorce Works
The collaborative process is a non-adversarial legal process where each party retains a trained Collaborative Family Lawyer for their divorce. Other professionals can also be involved (depending on your case), such as Divorce Coaches (counsellors), Financial Specialists, and Child Specialists. This team approach is more specialized and is often a cost-effective way to deal with separation (rather than just leaving it all to the lawyers and the Court system).
The Collaborative Divorce Process
Benefits of Collaborative Divorce
Collaborative Family Law Not Meant For Everyone
Collaborative family law may not be appropriate for everyone, especially if there have been issues of family violence or child abuse, or if one spouse won’t participate fairly in the process.
We offer a full range of legal services to assist individuals facing Divorce, Separation, Parenting issues, Child & Spousal Support issues, and all other Matrimonial matters.
We assist clients with all aspects of family law. Our approach to a case depends on the specific circumstances of our client(s). Our goal is to help our clients resolve their family law matters expeditiously, in a cost-effective manner while reducing stress and unnecessary conflict. Our progressive approach ensures a quicker resolution to family law cases. With the use of negotiation and litigation, as well as alternative dispute resolution methods including,
collaboration, mediation, arbitration, and parenting coordination, we will get you the results you deserve in a timely and cost-effective manner.
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