Law

THE ULTIMATE GUIDE TO A SEPARATION AGREEMENT

Divorce proceedings can be an overwhelming process. You need Simple Divorce Brampton lawyers by your side, who will help to make the divorce simpler and affordable. When it comes to divorce, each couple has different needs. Most couples look for three major solutions: simple uncontested divorce, separation agreement and contested divorce. We understand the divorce proceedings and the technical terms can be a bit difficult to understand. We are here to discuss what a separation agreement is and help you to understand it better.

What is a separation agreement?

A separation agreement is an amicable way to resolve all the pending issues which relate to the divorce. This is an ideal way to protect all your rights. It helps to save the acrimony and costs which are associated with the formal court proceedings.

Why is it crucial to have a separation agreement?

When you two spouses or common-law partners have decided to end their marriage or union, it is for the best of both, that they sign a contract which states their rights and obligations and they both agree to that. This contract mostly contains all the critical issues. It addresses various issues like custody and access, in case, children are involved, division of property, equalization of property and spousal support. The agreement which contains all these rights and obligations is referred to as a separation agreement.

Having a separation agreement in place can help you to avoid the costly route of getting the divorce, which is going through court. Even though it is not necessary to get a separation agreement but having one can help to reduce the cost of getting a divorce. This type of agreement is drawn up according to the conclusions and situations of the couple. However, if you do end up taking the route of the court, you will have to follow the decision taken by the judge. This decision might or might not suit either of the parties involved.

What does the agreement contain?

Usually, the separation agreement includes information about specific issues which the couple is facing and how they intend to solve them for the long run. Some of the examples are:

Parenting agreement: When children are involved, the separating couple needs to decide who will take the custody. They also need to decide how much time each parent will get with the child. All the other decisions which pertain to children need to be made and included in the separation agreement.

Child Support: When the separating couple has children, they need to decide the amount of child support to be paid. This amount needs to be clearly stated in the agreement. The amount is determined under the Child Support Guidelines. You also need to state how the extraordinary expenses will be paid for.

Dispute Resolution: If there is a possibility of future disputes, then both parties need to agree on how they will be resolved. Some separating couples also choose a mediatory whom they can turn to when a disagreement arises.

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