How to Create a Separation Agreement
A separation agreement is a written contract that outlines how couples who have decided to go their separate ways will deal with their issues. Even if you and your partner agree on how you will move forward with your separation, it is still important for you to have a separation agreement in place. A separation agreement can be used by married couples and those in common-law relationships. Married couples cannot get a divorce by creating a separation agreement. However, a separation agreement can outline when and how you will go through the process.
When should you make a separate agreement?
Couples can make a separation agreement at any point after they have decided to separate. However, you have a limited time in which to ask your partner for certain things. For instance, if you want a portion of the property, you must make that request within six years of the date of your separation. On the other hand, you only have two years after a divorce to make such a request.
If you and your partner agree on some things but have not reached an agreement on other issues, you do not have to wait until you decide on all matters before you can create a separation agreement. Create an agreement to include all the things you have decided on while you continue to work out the other details.
You can make changes to your separation agreement at any time by creating a new one. Once a new agreement is signed, the old one becomes void. You also have the option of creating a separation agreement that lasts for a set period. You may include a clause that states that the agreement will be revised after that time has passed.
Do you need a separation agreement lawyer?
While you are not required to hire a lawyer to make a separation agreement, it is wise to seek legal guidance before you enter into any legal agreement.
When you hire a separation agreement lawyer, he or she will help you to understand your rights and responsibilities in the separation. They will also help to ensure that your contract follows the necessary guidelines to make the agreement legally binding.
Are you looking to create a separation agreement?
If you need separation agreement services in Toronto, contact us at Baker and Baker Family lawyers. The separation agreement lawyers at Baker and Baker Family Law believe that our relationship with clients is much more than a business transaction. We take the time to get to know you, so we can better meet your needs.