Family law: Separation agreements beneficial in divorce situation

On behalf of Gary Kirk of Kirk Montoute Dawson LLP posted in Family Law on Tuesday, January 16, 2018.

Some relationships end. It’s a fact of life, and how the couple chooses to move forward depends entirely upon them. However, family law in Canada makes provisions for these types of situations, and one of those is a separation agreement. This document is a contract stipulating how the divorcing couple will treat their matrimonial home and how they will divide assets including property.

The agreement, which is drawn up when the marriage or partnership ends, can also contain other pertinent information such as who will pay child and/or spousal support and how much. It can also cover how child custody will be handled and visitation rights for the non-custodial parent in the event of non joint custody. To be binding, a separation agreement must be signed by both parties and witnessed. These agreements are best suited to situations where the divorce is relatively amicable. No one should be coerced into signing one, and if the relationship is abusive, a separation agreement may not be a wise idea.

It may be prudent to include who will care for the couple’s children should both parents die by including the names of a guardian and a secondary guardian. The names of any lawyers used in fashioning the separation agreement might also be included. Such an agreement is written with the couple’s unique family dynamic in mind.

Divorce is never easy to go through. But a compassionate lawyer in Canada who is experienced in family law will be helpful to his or her client going through this stressful time. Should a separation agreement be a part of the process, a lawyer would be able to offer advice on what to include while keeping his or her client’s best interests and the interests of any children involved at the forefront. 

Source:, “When the relationship ends: protect your interests ??? National Association of Women and the Law”, Accessed on Dec. 29, 2017

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