A Separation Agreement establishes the rights for each spouse. Decisions regarding several issues should be included:

• who will live in the family home
• how assets will be divided, including family home if it is sold. Assets can include:
  • cash or money in bank accounts
  • stocks
  • retirement savings
  • any vehicles
  • property or land (e.g. cottage)
  • furniture and other items inside family home
• who will pay the family debts (e.g. credit cards or lines of credit)
• who makes child and spousal support payments
• who has custody of children
• where the children will live
• what kinds of visiting rights the other parent will have
• the visitation rights of grandparents
• who gets the family pets
• government pensions
• how to deal with any tax credits or benefits

A Separation Agreement will include several specific personal details, such as:

• Each person’s name and address
• Location and date of marriage
• Name and date of birth of any children

Requirements for a legally binding Separation Agreement

To create a legally binding Separation Agreement both spouses must be completely open and honest about their financial situations. This requires a detailed disclosure of their significant assets and liabilities. The Agreement must be in writing  and signed by each party in the presence of a witness. The Agreement must be entered into voluntarily and not under any duress. Each party must understand the Agreement. It is in the interest of both parties that each of them receives independent legal advice. Some aspects of the Agreement may eventually be subjected to judicial review and in certain areas, particularly where the rights of children are involved, the terms of the Agreement can be overridden.

While it is the policy of the courts to uphold Separation Agreements, practically speaking, it is a good idea that one-sided Agreements be avoided. Unfair Agreements may tend to create resentments that can lead to court proceedings to change the Agreement. Unfair Agreements also encourage litigation on relationship breakdown which is the very thing that they are supposed to avoid. Although a Separation Agreement becomes legally binding once it is signed, the parties can vary the terms by further Agreement at any time.

Get help

When you are separating, a criminal record will affect child custody and adoption. To erase your criminal record, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.

								
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