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What is a separation agreement?

A separation agreement is a detailed document that sets out the terms of your divorce settlement or separation. This agreement will lay out the terms on how you will deal with spousal support, parenting, child support and the division of property. An agreement can help you keep control of important decisions that affect your life and family while helping you save time, money and stress. An agreement will provide clarity on the arrangements and the agreement that you have arranged with your spouse. Commonly, it will also have more details than in a divorce judgment.

Lawyers can’t act for both people in a separation or divorce so you and your spouse cannot be represented by the same lawyer. You need to each meet with a lawyer to sign the agreement and receive independent legal advice to help ensure that the agreement will be binding in the future.

If you are very amicable, one party may retain a lawyer to draft the agreement. You can even come to the lawyer with all the terms of the agreement settled. Once you and your spouse are in agreement of the terms, the other party must meet with a separate lawyer to get independent legal advice before signing. When everyone is content about the fairness of the agreement, you and your spouse will sign it and it will become binding.

Do I need a separation agreement?

You can draft a separation agreement on your own without the help of lawyers. This may be possible if you don’t have children or property. However, it’s important to keep in mind that courts can cancel or set aside agreements that are deemed unfair and can replace all or part of it with a court order.

It’s almost always a good idea to get a detailed agreement to provide clarity for the future. Before you sign an agreement, it’s important to get legal advice, especially if you think it’s unfair. This is a very important document that affects your future. Seek legal advice about your own situation with a separation agreement lawyer at Highland Law.






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