Separation Agreement
A separation agreement is a written document between you and your former spouse setting out how you have agreed on the key issues. Separation agreements are made once the relationship has ended. You must both agree to it of your own free will. It is binding upon the both of you and can be enforced by the court if either of you fail to live up to it. Both common-law and married couples can make separation agreements.
Separation agreements can include:
- Separating your property and debt
- Parenting arrangements
- Child support
- Spousal support
If you can manage to settle some or all of these issues, you should consider making a separation agreement. These issues are a guideline but you can put whatever you want in your agreement.
Attention
Parents should be cautioned that if they apply for a divorce they are required to attach a copy of their written agreement. Unless the support amounts comply with the Child Support Guidelines or a convincing argument can be made for why the Guidelines are not being followed, a judge will reject the application for divorce.
Lawyer’s Tips
You can come to a settlement agreement at any point in time, even if you have started court proceedings.
Benefits of Separation Agreements
- You have control over the key issues
- Typically done quicker than going to court
- Can be a lot less expensive than court
- They are enforceable by the court
- It’s easier to change than a court order. A court order requires a Judge to change it, while an agreement only needs the two of you to agree.
- Allows you to agree to a division of property that is different from the way the court would divide the property
- Can be a more amicable and less stressful process than court
Resources
- To learn more about the basics of separation agreements see Dial-A-Law on Agreements.
- If you want a higher level understanding and guide to agreements see Continuing Legal Education’s Family Law Agreements: Annotated Precedents.
- Other Resources: JP Boyd - Family Law Agreements.
DIY
Before negotiating, fill out the Separation Agreement Worksheet.
