The agreement is a legally binding contract that defines the rights and obligations of each party vis-à-vis the other party. The terms of the agreement are usually obtained either through mediation or negotiations by lawyers. If an agreement can be reached fairly quickly between the parties and a separation agreement can be reached, it is less costly and less cumbersome than recourse to the courts. Many couples formalize their separation. You should opt for a separation agreement if you are not yet ready to divorce or break up your life partnership, if you want to consider the future of your marriage or if you separate by mutual agreement and if you do not need a divorce or dissolution. If you and your partner are having trouble agreeing, divorce/dissolution may be the best option. The separation agreement is attached to the order and approved by the Court of Justice. If you want to divorce or break up your life partnership, you don`t need to have a separation contract. However, many couples first opt for separation and an out-of-court settlement before going through a divorce/dissolution and legal proceedings. For example, if your partner refuses to abide by a verbal agreement, it would be difficult to impose or take any form of legal action. However, a valid separation agreement, signed by both of you, would be recognized as a contract by most courts. Each party must have independent legal advice from separate lawyers in the details of the agreement. There may be several reasons why a couple must, for example, enter into a separation agreement, so it is very important that you receive separate and independent legal advice before the agreement is signed, as it may be necessary as evidence if the matter is brought to court.
The following information on separation agreements is in relation to current requirements. However, we are aware that the Divorce, Dissolution and Separation Act is currently in Parliament. However, if it is well written and you have both had legal advice, it will be difficult for a party to argue in court that they do not have to comply with the terms. Note that if your agreement involves the transfer of pension funds between you, this can only be done with a court decision. Remember that this is just a sealed consent order that can give you a clean break and a certainty of knowing that there will be no attempt to claim or amend an agreement in the future. The terms of your separation agreement can be transferred by your lawyer into a financial consent order. The court may amend the provisions of the separation agreement if it is clear that approval decisions must always be prepared and filed in court as soon as an agreement has been reached on the finances of divorce or separation. Divorce/dissolution proceedings can be lengthy and lengthy, but a separation agreement can be reached quickly.
The legal process can also be adversarial and lead to disagreements between you and your partner, which can make the divorce/dissolution process even more difficult.