A Separation Agreement is a legally binding contract created between two spouses, at the time of their separation. The Agreement establishes the details of the separation including who will live in the family home, how property will be divided, who will pay the family debts, who will make child and spousal support payments, where the children will reside and who will make the important decisions for the child.
To create a legally binding Separation Agreement both spouses must provide full financial disclosure to each other. This requires full details of their assets and liabilities as of the date of their separation. The Agreement must be in writing and signed by each party in the presence of a witness. The Agreement must be entered into voluntarily and not under any duress. Each party must understand the Agreement.
Our mediators will assist the parties to draft a Separation Agreement. The information included in a Separation Agreement, or other applicable document, is purely an administrative service and does NOT imply any legal advice. The Agreement replicates the information received from you throughout the mediation process. It is strongly recommended that you retain Independent Legal Advice before signing any documentation arising out of the end of your marriage or common law relationship.