If you’ve realized your marriage isn’t working, you might be considering separating from your spouse, and you might be wondering what steps you will need to take.
In British Columbia, once you move away from your spouse, you are separated. You do not need to take any legal action, and you are not required to hire a lawyer. However, there are important matters you might need to consider. Are you or your spouse entitled to spousal support? Who will move out of the marital home? How will you share assets and debts? If you have children, where will they live?
It would be wise to seek legal guidance on the critical issues that may arise in your separation.
Why should you hire a separation lawyer?
Below are a few reasons you should consider hiring a separation lawyer.
A separation lawyer will be your advocate
Having an experienced separation lawyer on your side will ensure the process of separating from your spouse goes as smoothly as possible. A lawyer can inform you of the implications of the decisions you make during the separation and, at the appropriate time, can walk you through how to file for divorce.
If you and your spouse cannot communicate effectively, your separation lawyer will negotiate on your behalf. Your lawyer will ensure that the negotiation process and any decisions made are fair.
A separation lawyer will protect your interest in the property
A separation lawyer will work to protect your interest in assets such as the marital home, business, pension accounts, investments and bank accounts. Your lawyer will ensure assets are accurately evaluated and ensure you obtain your rightful share.
A separation lawyer will help you draft a separation agreement
Once you and your spouse agree on important matters, you should record those decisions in a separation agreement. Separation agreements prevent misunderstandings, misinterpretation or misrepresentation of the terms of your separation. Separation agreements can cover child custody and access, child support, spousal support and asset and debt sharing.
Your separation lawyer can draft or review your separation agreement to ensure it is fair and does not include any unenforceable terms.
Are you searching for a separation lawyer in Surrey?
If you plan to or have already separated from your spouse and need a separation lawyer in Surrey, contact Highland Law.