A good alternative for many people who can deal with their separation in a more dispassionate and reasonable manner is to reach an agreement of the issues within the case. A separation agreement is therefore an alternative to having the court decide matters.
The separation agreement is final and binding and as such has the same far reaching implications for both spouses as would a final determination of the issues by the court and therefore ought to be handled by a very competent Moose Jaw divorce lawyer.
With the help of your lawyer, usually working with a lawyer for the other spouse but not always the case, it is frequently possible to solve all divorce issues without needing to have an expensive and stressful court battle. The necessary issues to deal with will include:
- if there are children: child custody, access, visitation, child support;
- spousal support if any; and
- division of assets and debts, pensions, etc.
The case will still need the Court’s approval for the divorce but this can be done by way of an “uncontested divorce” where the parties have jointly agreed in advance. It is ordinarily necessary to have a second lawyer involved at a minimum to present the case at court for the court’s approval which is done in an application to the court by the lawyers.
However, the bargaining position of the parties will ultimately be based on the Divorce Act and surrounding legal principles. Both spouses will usually want their legal entitlement to half of the marital assets, meaning any value or assets achieved during the course of the marriage, which can include gifts or inheritance from one party’s parents. Claims can also be made for other financial support such as spousal support, etc.
Once the parties have reached the point of divorce and are prepared to negotiate a separation agreement, it is recommended that they both have independent legal representation by competent Moose Jaw family law lawyers to ensure that each of the ex-spouse’s interests are legally protected and that the contract is properly prepared to ensure it is binding and enforceable.
How to Get in Touch
For a free telephone consultation with a Moose Jaw settlement agreement lawyer, call us at 306-693-7777.
If you prefer not to call you can send us an email by filling out the form on this page and we will get back to you by the next business day.
Or else you can stop by our office in Moose Jaw. The address is: 310 Main Street N., Suite 306. Please call in advance though to book an appointment to meet with a lawyer in the office.