A separation agreement is usually an agreement between the spouses. And it helps to finalize the child support, shared property of the spouses, and many more. If the relationship is a common-law partnership, you may not have to go to court to settle the legal separation.
Instead, you can come to a legal separation agreement that will help you to settle your shared marital property and child custody. Usually, in Saskatoon, all these separation agreements will fall under the family law act.
Regardless it is a marriage contract or any cohabitation agreement. A very important thing that you need to remember, all these domestic contracts need to be in written form. And both parties need to sign in those papers with witnesses.
So, in this writing, we will know every basic thing about the legal separation agreement. Keep reading the entire article for more.
How Our Separation Lawyer Helped a Client?
If you are planning to go for a legal separation agreement, you may wonder how to do that. After that, you may need to go through some legal processes to agree. But in most cases, you are most likely doing it for the first time, and all these things may seem very complicated to you.
As a result, it is quite normal that you will make mistakes. That is why you can hire and seek help from a professional family lawyer.
Furthermore, because to make the legal separation agreement, professional assistance is beneficial for a person. For that reason, it is always recommended and advisable for you to hire a family lawyer for your assistance.
Things That You Need to Consider in a Legal Separation Agreement
If you and your partner are living together for a long time and now you guys are planning to live apart. In such cases, if you guys are planning for separation, both of you guys need to go through a legal separation agreement. In that agreement, both of you need to agree upon certain rights and obligations. They are listed in the following:
- Division of the Shared Property and Ownership
- Child Support and Custody
- Support Obligations
- Any Other Factors That Need to be Settled
In the following, a brief explanation of the issues that a couple needs to resolve after the separation agreement.
This is one of the most common issues that almost every couple needs to deal with after the separation. First, the spouses need to determine who will take the parenting support for their children. It will depend on several factors. For example, the amount of time that the children spend with their parents.
Also, the parents need to provide all the necessary information about their parenting plan in the separation agreement. For example, a parenting plan will include the children’s participation in school or any kinds of extracurricular activities.
The parents also need to clarify what will happen to their children if they relocate again because all these factors play a huge role in the separation agreement.
The next thing that you and your partner may have to concern about is child support. Usually, child support includes the expenses for the child. And those expenses will be determined according to the Child Support Guidelines.
Those expenses will include the costs for the education, cost for extracurricular activities, daycare expenses, etc. So, the parents need to decide who will pay those expenses for their child. It can be shared sometimes and also can be individual.
In some cases, spousal support becomes a very important issue after a separation. Spousal support requires a spouse to pay some necessary expenses to another spouse. Sometimes, there is a massive debt in the bank or share loan in the matrimonial home that the spouses need to pay.
When a couple decides on the separation, it becomes individual, and under the legal separation agreement, the financially stable one has to pay for the spousal support. There can be different circumstances when the spousal support can disregard.
Medical Benefits and Life Insurance
Another critical factor is the medical and hospital benefits. In some cases, a party needs to go through a medical checkup regularly. So, after the separation, the parties need to decide who will pay for the medical and hospital costs.
Additionally, there also can be some uncovered future medical expenses. While the separation agreement, you and your partner also need to decide this. Life insurance is also very related to medical benefits. If the spouses wish, they can specify their children as their beneficiaries after the separation.
Creating a Separation Agreement in Saskatoon
You will find a lot of templates online to create a separation agreement in Saskatoon. Though before creating the separation agreement, you and your partner need to follow certain guidelines. And if there are any issues, you and your partner need to negotiate them and come to a common ground.
While creating a separation agreement, both of you have too very careful because this agreement will decide many things in the future. For example, future finances, child custody, lifestyle, and so on. However, sometimes the separation process can be very stressful and emotional.
But it would help if you did not let your emotion affect your decision-making. So, it is very important to know about your future needs and provision.
To ensure and protect your rights, you can always seek help from any professional family lawyer. An experienced family lawyer can also help you to create a separation agreement.
Enforcing Aside a Separation Agreement
After signing in the separation agreement, spouses are free to live apart and live their separate lives. But the problem can occur if the court overturns the agreement. If one spouse is set aside in the separation agreement, there is a chance that the court will overturn it to them.
That is why you need to make sure that your separation agreement is not at risk so it gets overturned. The court can set aside your separation contract if you make one of the following lists:
- If you fail to show the shared assets and significant debt while creating the contract
- If you or your spouse is unaware of the result of the separation agreement
- If the contract is not created according to the law
The Bottom Line
Before signing in the separation contract, you and your partner need to be aware of the consequences of the contract. Sometimes, if you fail to follow the legal procedures, it may invalid your separation agreement. In some cases, it also can be overturned by the court.
That is why following all the legal laws and correct procedures is very important. However, suppose you find all those procedures very complicated for you.
Then, you can hire and seek help from an experienced family lawyer who can assist you. Hopefully, this writing helped you to understand all the basic information about the Legal Separation Agreement.