What is a Separation Agreement?
Separation Agreements are legally binding contracts that resolve all of the legal issues arising out of a couple separating.
What is in a Separation Agreement?
Separation Agreements deal with the major issues arising out of a separation, namely, child custody and access, child support, spousal support, and the division of property. They also deal with many ancillary issue you might not have thought about, such as insurance, future changes in financial circumstances or with the children, and dealing with future disputes between you and your current spouse.
Do I need a lawyer for a Separation Agreement?
Yes. Separation Agreements are complex contracts that require very precise wording and attention to detail for them to be held up in Court.
What is Independent Legal Advice?
Independent legal advice means that a lawyer has taken the time to find out about the details of your situation, advised you of the law and how it is applied to the specifics of your situation, and explained to you what is in your Separation Agreement and ensured that you understand it.
Independent Legal Advice is NOT required for Separation Agreements to be valid. However, it helps ensure that Separation Agreements do not get attacked in the future. You do not want your spouse going to Court several years from now and asking the Court to throw out your Separation Agreement because they claim they did not understand what they were signing. Independent Legal Advice helps protect against this sort of thing happening.
Do I need a Separation Agreement before my divorce?
Normally, yes, the Court wants to make sure all of the legal issue are resolved prior to granting a divorce. It may be possible to separate the divorce from the remaining issues, but that is a complex procedure if your spouse does not agree to it.
A 1 hour consultation to review the facts of your particular case can be obtained for a cost of $250.00. The purpose of a consultation is to provide a preliminary assessment of your case and potential legal options. Please call us at (613) 544-1482 to arrange your consultation.