A separation agreement gives you the opportunity to resolve issues slowly and over time, without the pressure of a divorce action being over your head. Once a divorce action has been initiated and included in the court calendar, you and your spouse must participate in court conferences and meet certain deadlines. This pressure is avoided by signing a separation agreement. A term under the Family Act that refers to property acquired by one or both spouses during their relationship and after separation, when purchased with family property. Both spouses are deemed to have the right to divide the family patrimony equally. See “Excluded property”. If you wish to leave your marriage or life partnership, divorce/dissolution may be the only option. However, a separation agreement can provide a less permanent solution that allows you and your spouse/life partner to live apart while remaining married. This gives you the time and space to decide if a divorce/dissolution is what you both really want. An agreement between two or more persons on family law issues that have arisen or may arise, that address their respective rights and obligations with each other, that the parties expect them to be binding and enforceable in court. Typical family law agreements are marriage contracts, cohabitation agreements and separation agreements.
A separation agreement does not have to be submitted to the court, but can be submitted to the court in the event of a dispute. As with prenuptial and post-marital agreements, a separation agreement may not be enforceable if one of the parties does not make a full disclosure or has forced the other party to enter into it. When the parties formally file for divorce, the terms of the separation agreement may be included in a settlement agreement, but the parties have the option to change the terms if necessary. Separation agreements can solve almost any problem a couple has to deal with, whether it`s who will keep the cats, how the mortgage is paid for, or how the children`s post-secondary education costs are processed. They also provide much more flexibility than court orders, as certain conditions that may be included in an agreement cannot be included in a court order. Most importantly, separation agreements can be tailored to the specific needs and circumstances of each couple. A separation agreement may also say that some parts are incorporated into the divorce judgment, but other parties survive the divorce judgment. However, it is common for the entire separation agreement not to be transferred to the divorce judgment, but would survive the divorce judgment and therefore be enforced separately. If you and your partner have been separated for two years and are satisfied with the terms of the separation, the agreement may be the basis for your divorce or dissolution of the civil partnership if you wish to continue. .