This is an essential part of estate planning for some, as an unresolved separation is like a dark cloud that hangs over your assets; if you don’t deal with it, your executor will probably have to.
What is a Separation Agreement?
A separation agreement is a legally binding document that outlines the terms of separation between two individuals, including the division of assets, child custody arrangements, and other important issues. The process of negotiating and drafting a separation agreement can be complicated and emotionally charged, which is why it is essential to have the guidance of a skilled and experienced family lawyer. Our family lawyer, who is experienced in drafting separation agreements, can help you navigate the process and ensure that your interests and rights are protected.
Why do you need a Separation Agreement?
In the unfortunate event that your relationship has come to an end, the rights and obligations of each spouse will be determined either by agreement or by court order. Resolving matrimonial issues in a courtroom should be the last resort. There are many different types of family dispute resolution processes, including but not limited to, negotiations, collaborative law, mediation, arbitration, and parenting coordination. When issues are resolved outside of the courtroom, you and your former spouse should enter into a separation agreement to ensure the terms of settlement will be binding and enforceable.
Upon separation, a family lawyer at Westcoast Wills & Estate will be able to provide you with legal advice as to the issues you may want to address in a separation agreement. You and your former spouse can then discuss these issues in order to come to a general consensus, and we will happily assist you with preparing the written agreement.
