Sherman Law LLP

 

 

 

Family Law

Separation Agreements

 

Most couples are able to resolve all issues arising from their separation or divorce through negotiation with the assistance of lawyers in collaborative divorce and family law, counsel assisted negotiation, and mediation. A separation agreement is a legal document that outlines the responsibilities and terms of agreement between the parties relating to their separation and divorce. Separation agreements allow spouses and common-law partners to deal with the matrimonial homeproperty divisionparenting, child support and spousal support in a legally binding and enforceable document. In our opinion, they are the most efficient and effective way to resolve issues surrounding a separation and divorce.

 

  Wedding rings and signing a contract

At Sherman Law LLP, we do not provide Independent Legal Advice (ILA) on a separation agreement that has been prepared by the parties without legal counsel. Instead, we use that agreement as the starting point to generate a detailed agreement for our clients. While agreements prepared without the benefit of counsel can be valid if informed decisions are made, they need to be reviewed in the context of the law on a case-by-case basis to ensure that financial disclosure has been made including a list of assets and debts and each party's income for prior years and current year. Writing your own agreement can lead to future legal uncertainty and costly legal proceedings. For this reason, we always recommend having a lawyer assist you in preparing a proper legal agreement. It is money well spent to have a durable and enforceable agreement. 

 

What is a durable separation agreement?

 

A durable separation agreement is a document that is able to stand the test of time. It is likely to be respected by the court in the event that the agreement is challenged and the court is called upon to either interpret, vary, enforce, or set it aside.

 

A durable separation agreement considers the following:

 

  • Anticipates the future needs of the parties, the family, and provides structure to minimize the future conflict and includes a process for resolving potential disputes; and,

 

  • Demonstrates integrity in the process and provide confirmation that the parties were able to make informed choices when reaching settlement.

If you are in the process of separating and are seeking a comprehensive separation agreement to address all issues arising from the separation, our team of highly skilled Kitchener family law lawyers can assist you in preparing this documentation. We offer a series of packages that are tailored to meet your specific needs including the preparation of required financial disclosure and negotiations relating to the drafting and preparation of an agreement.


 

 

 

 

Do you want to learn more about separation agreements?

 

For over 40 years, clients have trusted in our ability to explain more than simply their legal rights and obligations in a separation or a divorce. We focus on sustainable collaboration that leads to creative solutions and consensual dispute resolution. There are few family law problems that we have not previously assisted clients in resolving. We are confident that you will appreciate our professionalism and personalized service. To benefit from our knowledge and experience with respect to the drafting of separation agreement as part of your separation or divorce, please contact 519-884-0034 or send us an email. Many of our clients are referred to us by former and current clients, as well as by lawyers, accountants, and financial advisors. We serve clients in Kitchener, Waterloo, Cambridge, Guelph, Stratford, Hamilton, London and surrounding areas.

 


 

Connect with a lawyer in our firm with expertise in this area

Aubrey J.  Sherman

  Aubrey J.  Sherman