A separation agreement is a binding contract between two people who were formerly in a romantic relationship. It can be used by legally married couples and common law couples alike.

A SEPARATION AGREEMENT CAN BE USED TO AVOID DIVORCE COURT

It is a fantastic way to sort out “corollary” matters, I.e. child and spousal support, custody and access schedules for children, and property division without incurring the cost of going to court. Once signed this is a binding contract between the parties and they can use this document as the basis for dividing assets like pensions or applying for a mortgage as part of a buyout.

A SEPARATION AGREEMENT CAN BE MADE AT ANY TIME AFTER SEPARATION

What makes this a great first step is that it can be done any time after separation, whereas filing for divorce you are required to wait a period of one year after separation.

GETTING LEGAL ADVISE FROM A FAMILY LAWYER IS RECOMMENED

While it is possible to draft your own, it is recommended that you seek legal advice for both a) the form of the contract and b) the contents. A family lawyer can assist you not only in reaching a settlement, but also preparing and signing your agreement. Most importantly, they can help you understand what your rights are, particularly if you were in a common law relationship where how things should be divided is more fact specific.

A PRENUPTIAL OR COHABITATION AGREEMENT CAN MAKES IT EASIER TO DRAFT A SEPARATION AGREEMENT

If you want to preemptively sort out these matters you can have a prenuptial agreement or a cohabitation agreement drawn up that will sort out many of these things ( except those with respect to children) so you know where you stand from the start.

By: Briana C. O’Grady, J.D

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If you have any questions about an issue with a property in Nova Scotia process, you can call us at (902) 826-3070 or email us at info@highlanderlaw.ca to set up a meeting with one of our lawyers at our Tantallon law firm. You can also schedule a no commitment Issue Review Consult for $250+HST where you have the opportunity to explain your situation to a lawyer and get basic advice before deciding whether or not you'd like to retain us.

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