Should I get a separation agreement?
Should I get a separation agreement?
In my previous blog posts I have discussed separation agreements. See below:
Time and time again, separation agreements have managed to resolve numerous family law conflicts. Some parties are reluctant to invest in a separation agreement assuming it’s either too expensive or it’s something they can draft on their own.
Is the Separation Agreement Expensive?
It really depends based on individual lawyers and their costs. However, generally a separation agreement is well worth it. In the long run it reduces costs especially when related to family law court litigation.
For example, if the parties mutually agree to enter into a separation agreement and abide by it’s terms. Parties can after a certain period of time simply file for an uncontested divorce. Thereby, significantly reducing stress and money associated with family court.
Good lawyers will provide sound and cost effective advice.
An uncontested divorce requires no formal court attendance and simply the filing of paperwork and payment of a fee and attach the separation agreement. Judges, find comfort in knowing that a separation agreement was negotiated through lawyers and will often sign off on the divorce. By my estimation a separation agreement can literally save you thousands of dollars.
Can I draft a separation agreement on my own?
If you have ever reviewed any of my posts, I am not shy to state that you can do anything on your own. However, is this something you want to do on your own? What if you miss something? Don’t forget you have a personal vested interest in the matter. Will your spouse sign off on your provisions?
Even as experienced lawyers we will on a frequent basis become aware of new developments. More importantly, the best separation agreements are those where the lawyer has extensively interviewed the client.
As a result, lawyers can draft and insert specific provisions into an agreement. Finally, separation agreements that are drafted by a lawyer will have a specific portion dedicated to their signature and a disclaimer indicating they have advised their client of everything. Again, courts feel comforted in knowing that these terms have been negotiated and resolved through a lawyer.
If you need a separation agreement call my office. I am a lawyer in Burlington.
901 Guelph Line, Burlington, Ontario
anytime for a free consultation