Separation Agreement – Draft a Legal Document
SEPARATION AGREEMENTS BENEFIT EVERYONE If both parties can agree on how to settle issues about custody, child support or property, a family lawyer can help draft a separation agreement.If both parties can agree on how to settle the big issues during a divorce or separation, they can draft a separation agreement. Sometimes agreements come to fruition after meetings with mediators or settlement meetings with lawyers. No matter how couples find a way to agree, a lawyer should be involved in the drafting of such an important document. Both spouses can work with one lawyer to draft a separation agreement. After the initial document is drafted one spouse should take it to another lawyer for independent legal advice.
For a separation agreement document to be valid it must:
- be in writing
- have been entered into freely and without coercion
- show that each party received independent legal advice about the effects of signing the agreement
- not be unconscionable
If the separation agreement includes arrangements concerning matrimonial property, it must also meet the formalities of the Matrimonial Property Act. There is much legislation and case law specific to the disclosure requirements for the agreement to be valid. In addition, there are specific clauses and requirements surrounding a separation agreement that protect you from future claims of property and spousal support. An RCM Family Lawyer can make sure you are venturing into your separation agreement with the right knowledge and resources.