You and your wife`s lawyers are interested in protecting yourself from unintended consequences, while helping each of you preserve as much property and dignity as possible. A professionally prepared separation agreement gives you the safety net you both need to confidently transition to an undisputed divorce. It probably goes without saying that you should write something that you and your husband understand quickly and easily. Use the words you would use in the conversation and don`t try to introduce words that „sound good“ or „look legal.“ It`s just a request for trouble. There`s no need to insert words like „so far,“ „notwithstanding,“ or even those repugnant Latin phrases that lawyers like to use – especially if you`re not sure what they mean. You`re not doing yourself a favor by writing an agreement that makes no sense to everyone who reads it. Lawyers do. When we meet with clients, we will talk to them and ask them about their goals and plans for the future. We can`t always do everything (because, of course, a separation agreement is only valid if it`s signed), but we can go a long way in paving the way for the type of post-divorce life you`re considering.

Canadian courts have ruled that separation agreements without independent legal advice may not be legally binding. If you get advice from a divorce lawyer, you can make sure your document is enforceable and judged. Your agreement may require more issues than what is covered in this manual. To explore other issues and options, especially if your situation involves a complicated division of ownership, use the Continuing Legal Education Society of BC (CLEBC) Family Law Agreements: Annotated Precedents. Seven years after the parties signed their separation agreement, the court invalidated them and recalculated child support, spousal support and division of property. The approach of saving time and money has led to insufficient financial disclosure, almost to a loss of women`s rights and her endangerment of retirement provision and the sale of the marriage home. It`s also not a bad idea to do a reading with your ex at some point before signing, so you can talk about what the rules mean to you. It may be a surprise for you to discover where you don`t see exactly face to face, even if you thought you were crystal clear! A separation agreement is a legal contract concluded by two outgoing spouses, which sets out the division of property, custody of the children, the subsistence of the child and the spouse`s pension. Couples are free to add additional annexes to the separation agreement. The provision allows couples to give full details about their agreement, as they cover all aspects that may give rise to misunderstandings in the future. Additional paragraphs must be entered and attached to the separation agreement form.

Couples must also respect the rule of simple English language and conciseness when writing the additional paragraphs. Separation is if you and your spouse are legally married but are no longer in a conjugal relationship. They may either intend to reconcile, remain separated, or divorce. It is important that the rights of both parties are respected, not only from an ethical point of view, but also from a legal point of view. . . .