Separation Agreements

Virtually every separated couple that does not litigate to the point of a court order and has anything which requires settling due to their separation will likely end up having a separation agreement. Separation agreements are legally binding and deal with all rights and obligations arising from the relationship and its breakdown, usually on a permanent basis.

Separation agreements are a preferred way of dealing with matrimonial issues for a number of reasons:

  • they are far less expensive than proceeding to court;
  • they take far less time than proceeding to court;
  • they can be tailor made for the particular needs and requirements of the parties;
  • they can provide more flexibility than a court order; and
  • they allow the parties to avoid the stress and animosity that so often accompanies the adversarial nature of a court proceeding.

As well, the parties can narrow some of the issues early on by way of a separation agreement thereby putting in place arrangements that benefit all parties until the court makes a final determination.

A separation agreement can be negotiated at any time, even if the matter is before the court. It will be of greatest benefit if canvassed early on in the process and should always be discussed as a possible resolution.