Separation agreements can address almost any issue a couple has to deal with, from who will keep the cats to how the mortgage payment is made, to the treatment of post-secondary child-raising expenses. They also offer much more flexibility than court decisions, as some conditions that can be included in an agreement cannot be included in a court order. The most important thing is that separation agreements can be tailored to the specific needs and circumstances of each couple. The comparison process is a negotiation process: each party usually has a pretty good idea of how they want to see things resolved, and then, after exchanging those ideas, a compromise is found, which is a mixture of the two positions. Once an agreement has been reached, one of the parties will draw up a formal agreement and give it to the other party. This draft should be carefully examined to ensure that it accurately reflects the agreement reached, to verify that something has been omitted and to ensure that there are no other issues to be discussed and integrated. Also note that the courts may maintain an oral agreement if, as in Thomson v. Young, BCSC 799 in 2014, there is evidence that both parties have clearly understood the essential terms of the agreement and intend to be bound by those terms. However, there are often differences of opinion between the parties on whether an oral agreement should be final and binding, so it is preferable to confirm oral agreements in a written separation agreement. Provisions relating to the care of children, the payment of assistance and the division of family property and family debt are the most common problems in family law. There are a whole host of other issues that couples may have to deal with, some of which can only be addressed in separation agreements.
Separation agreements are individual for each couple and their personal circumstances and therefore cover a wide range of elements. A separation agreement is useful if you have not yet decided whether you want to divorce or if you want to break off your life partnership or if you are not yet able to do so. It is a written agreement that, in general, establishes your financial agreements while you are separated. It can cover a number of areas: unless you live in a state of co-ownership (AZ, CA, ID, LA, NV, AZ, NM, TX, WA, WI), the court does not grant a separation agreement. Instead, the couple negotiates the details of their separation among themselves and recalls this agreement in a document. If a legal breakdown ends in divorce, you can ask the judge to include part or all of the separation agreement in the final divorce or divorce decision. 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. Family law agreements are also subject to other principles that do not necessarily apply to commercial contracts: note that courts rarely, if at all, maintain an agreement that attempts to counter a legal obligation. Family allowances, for example, are a positive, almost absolute, obligation that one of the parents has towards his or her children. The court will not be bound by an agreement that a person never has to pay family allowances. A lack of consistency means that in the future, your partner might be able to assert financial claims against you for the following: forcing someone to do something through psychological or emotional pressure; a defence against the application of a contract. For example, if a separation agreement was entered into under duress, this may be a reason to challenge or cancel that agreement. . . .