The Importance of a Separation Agreement

If you are having an extremely difficult time in your marriage but you aren’t ready for divorce, perhaps what you need is a separation agreement. Unlike a divorce, a separation agreement isn’t a final termination of the marriage. Rather, it’s a legal outlining of the consequences of being separated. Over years of marriage you’ll have acquired joint property, debts, and of course the biggest consideration is visitation rights to your children (if you have any). There are several reasons why drafting and following a separation agreement is a necessity.

By far the most contentious issue, the thing that needs to get resolved more than any other, is issues surrounding your children. Because you’ll both feel so strongly about this it’s necessary to compromise and work it out in an iron clad way. Your children are counting on it. This includes an agreement on custody, visitation rights, and any other responsibilities you have for your kids. This is different for each set of children. It can entail anything from where they’re sleeping on what nights to who’s picking them up from soccer.

Other issues of great importance are financial. There are two main considerations here: separation of things you already own and an agreement for future financing. If there has been one provider, it’s unfair that the unemployed person be thrown into work-presumably, they have been handling domestic affairs with the expectation that their finances were in order, and expecting them to find a job after what could be years of unemployment is unrealistic. There needs to be an agreement about how much and for how long a party is subsidized. Next, there needs to be consensus on property rights. Between furniture, cars, property, luxury items, there’s been perhaps years of accumulation between you that needs to be organized. Also, you’ll have expenses and debts and other financial issues you’ll need to untangle.

A crucial aspect to the separation agreement is an arrangement in case one of the parties fails to comply with the terms you outline. Come up with a protocol you agree on first, and if there’s failure to comply a strongly worded letter from a lawyer’s stationary can go a long way in correcting the behaviour. You don’t want to have go to back to court, but the ore diligence you put into the agreement in the first place, the more likely you’ll create a document you can both live with.

It’ll be a difficult time emotionally and probably the last thing you’ll want to deal with is finances, but this is a crucial time to think rationally and stoically. A clear agreement is something you’ll benefit from for years, and if you fritter away this opportunity because you were emotionally unstable, as understandable as it is at the time, you won’t be happy later. It’s a tough time for both parties, but the better each works with the other, the cleaner a separation it’ll be for both of you and your children.When getting an Ontario Divorce, Divorce Lawyers Toronto can make the experience less confusing and provide guidance by bridging the gap between clients and family law.

When getting an Ontario divorce, divorce lawyers Toronto can make the experience less confusing and provide guidance by bridging the gap between clients and family law.
http://www.bermanbarristers.com

Author Bio: When getting an Ontario Divorce, Divorce Lawyers Toronto can make the experience less confusing and provide guidance by bridging the gap between clients and family law.

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