Is A Separation Agreement Required?
Dawn S. • October 4, 2021
Grant Lee Law Is Here To Answer All Of Your Questions...
In one word…YES!
If you and your spouse, married or common-law, have decided to live apart, a separation agreement will give you peace mind that issues with your estranged spouse are settled as you move forward with your everyday life. Let Grant Lee Law help you create a workable separation agreement. Your separation may be amicable but issues should be spelled out to avoid future arguments and understand the obligations of both parties.
The issues that should be settled are financial and custodial for the most part. Obligations surrounding jointly owned property also need to worked out.
You become separated in the legal sense when both parties are living “separate and apart.” This can be at two different addresses or in the same house with each person having their own room and sharing finances and meals. A separation agreement is drafted so both people know what their responsibilities are. The agreement needs to be fair and honest. Grant Lee Law will see to it that you will be satisfied with your agreement.
If financially dependent children are involved, consideration will be taken into account regarding their ages and who how the finances will be divided surrounding their well-being. Who has custody and where the children will live are the big decisions that to be figured out. A visitation schedule needs to be spelled out at this point. Matters like paying for daycare, any extra-curricular activities and the amount of child support will need to be decided upon and settled. If there is a post-secondary student involved, discussions surrounding tuition and supplies need to take place. Even with an amicable separation, a responsibility involving the children may fall through the cracks that make a having a legal separation agreement ideal.
Matters surrounding any property that is jointly owned also need to be divided up, so to speak. This doesn’t mean just property as is in homes and land but physical assets, shared debts, pensions, investments and life insurance. It’s easy to say that the other party can have the life insurance or whatever, but what happens to it needs to be added to the separation agreement. Have a think about all of the facets involved in your life. Perhaps have a discussion with your lawyer what would happen to your property should you pass away. Your Will needs to updated also.
Your separation agreement needs to be made legal and binding. The issues mentioned earlier need to be covered and added to your agreement.
Some people have drafted their own separation agreement but remember that a lawyer needs to review it to make sure all issues are looked after and covered. Never ever assume that the agreement you have drafted with your ex is set up to benefit you. Having a lawyer at Grant Lee Law look over your agreement would be a great step to make sure everything will be workable moving forward.
During the process of separating, a separation agreement needs to created. Both parties need to have their responsibilities understood legally to avoid issues in the future. The team at Grant Lee Law will use their years of experience and understanding to help you with your much needed separation agreement. Contact their office by completing their online form or call 905-315-6837.
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