Divorce makes a lot of problems before and after the separation. Both partners’ claims and decisions might be different, which creates a mess.
If a separation agreement is signed, the entire thing might be quite easy for both parties. Legal bindings are also there, which make the refusal of the agreement quite impossible.
So let’s know detail about separation and the consequences of it.
What Is A Separation Agreement?
A separation agreement is an agreement between you and your spouse when you decide to divorce each other. This agreement is basically signed to specify some important issues like child custody, property, finances, etc. after the divorce happens.
You can go for a separation agreement even when you are unmarried or in cohabitation with your partner. There are differences in laws and regulations between a married and an unmarried couple.
You can fix all the things you and your partner want to maintain after your divorce. This often reduces lots of problems among divorced couples as all the things are previously made. Both of you sign the agreement before a divorce, and thus, everything becomes easier for you.
You do not always need to file your agreement to the court. If both of you want your agreement to make a legal order, you can then file it to the court.
Otherwise, you can sign up for such an agreement among yourselves just for your privilege. When you go to the court, the court might sometimes attach some significance to the agreement if necessary.
When to Sign A Separation Agreement?
There is no specific time limit for signing up a separation agreement. You can make it whenever you want. If you think that agreeing before a divorce will lessen your problems, you can do it, no problem.
Again if you want it to sign after divorce, it is also acceptable. But yes, there are particular periods in case of certain issues. For example, if you want to agree to divorce, some restrictions are there for property claiming. If you are divorced for six years, you have to make your property claim within the highest two years.
It is not always mandatory for both of you to be agreed with all things. You do not even need to wait for your partner to agree with you on everything. You can make your agreement depending on your decisions.
Your partner can also do the same thing. No issues are there if you want to make any change in your separation agreement. But be assured that your partner is agreed to your changes and vice versa. This change you and your partner can make whenever you want. No time restrictions are there.
Good Sides of A Separation Agreement
A separation agreement has many good sides for both you and your partner if you decide to separate. The agreement works best when it is in written form. Some of the good sides are as follows:
- After divorce, both of you need to visit the court several times because of many issues. But if you sign up a separation agreement where everything is set up previously, you need not face this hassle. It is a fast and easy process as well as less expensive. You do not handle so much stress if you have a separation agreement.
- The agreement indicates all the things that are useful and harmful to your lives and your family. As you decide on all the issues through mutual discussion, it becomes most beneficial.
- Apart from you and your partner, you might involve some other wholesome people for you and your child—for example, child sitter, grandparents, and many more.
- A written agreement is far better than a verbal agreement. You can use the written agreement as evidence whenever your partner refuses to obey the agreement’s rules.
- If your partner makes any problems after divorce about financial help, child support, and so on, you can go to court. Family law courts are there to help you. In that case, your agreement will help you to prove your claim.
- Every financial issue has to meet up the taxation process all over the world. Spousal financial support after the divorce is not an exception. But if you have a separation agreement, you might get rid of taxes or at least in the least amount.
Separation Agreement As A Legal Binding
The separation agreement is not always necessary to be filed at the court. But if there is any possibility of your partner’s denial of this agreement in the future, you can make it legally bound.
In order to make your separation agreement legally binding, you have to follow some specific rules or steps. For example—
- The first and foremost step is that you and your partner have to discuss which things will be added in the agreement carefully. This can happen either very smoothly, or some complications might be there. But try to fix out all the things according to legal rules. In that case, you can contact a good lawyer.
- You both should hire two separate lawyers. They will settle down your demands separately. After the agreement is ready, you both need to read it carefully and give your valuable consent.
- When all the clarifications are done, you and your partner sign up the agreement. Remember to have some trustable witnesses from both sides. Their signatures are also essential. They will work as proofs in the future.
- In order to make the agreement legally bound, you have to fill out a form with the necessary information. You might pay some amounts for the deal.
- Finally, the judge will review the agreement, and if he thinks it is clear and logical, he will grant it as legally binding.
Thus, your separation agreement becomes legally binding that you and your partner are bound to obey.
So, you have learned the consequences of your signed separation agreement. But remember, the separation agreement and your divorce application are totally different. Take all your demands and decisions carefully before making any agreement.
Frequently Asked Questions
Is a signed separation agreement legally binding?
By nature, a separation agreement is legally binding. But, it may alter any time at a later date by the interest of the parties.
What is the purpose of a separation agreement?
A separation agreement resolves different issues that come with the event of a separation. It states what would be the right and obligation of a spouse. It makes the separation process easier. A separation agreement states how would be their authority or responsibility, etc., individually.
Can you get a divorce in Ontario without a separation agreement?
There is no need for a separation agreement in Ontario for separation or divorce. It’s just an agreement on the relevant issues, not a mandatory condition for it.
What happens if a spouse refuses to sign the separation agreement?
You can separate or remain separate if your spouse refuses to sign the separation agreement. Or, you can talk mutually to settle the matter. In case the complicacy remains, the best way is to contact a divorce lawyer for a solution.
Is a separation agreement necessary?
A separation agreement is not compulsory in terms of law to establish. If they find no ground to move back and live separately, it is enough.