When couples separate, reaching an agreement can provide much-needed certainty. A well-drafted separation agreement can address parenting, child support, spousal support, property, debts, and other important issues.
But signing an agreement is not necessarily the end of the story. Life changes, and questions can arise years after the separation. Understanding what a separation agreement can and cannot do is an important part of protecting your interests.
Why Put Your Agreement in Writing?
Informal arrangements may work for a time, but they can become difficult when circumstances change or memories of what was agreed upon differ.
A written separation agreement can clearly establish the parties’ respective rights and responsibilities. It can also reduce uncertainty and provide a framework for dealing with issues that might otherwise lead to future conflict.
For example, an agreement may address:
- How property and debts will be divided
- Whether spousal support will be paid
- How child support will be calculated
- Parenting responsibilities and decision-making
- How extraordinary expenses for children will be handled
- What happens if circumstances change
Can Everything Be Final?
Some issues can be settled on a final basis, but family law is not always completely predictable.
Parenting arrangements, for example, may need to change as children grow older and their needs evolve. An arrangement that worked when a child was five may not work when that child is fifteen.
Similarly, child support is generally based on circumstances such as income and the children’s needs. A significant change in circumstances may result in a different support obligation.
This is one reason why separation agreements need to be carefully drafted. The agreement should distinguish between matters intended to be final and situations where future changes may need to be addressed.
Don’t Sign Just to “Get It Over With”
Separation can be emotionally exhausting. It may be tempting to sign an agreement simply to bring the process to an end.
However, a separation agreement can have significant and long-lasting consequences. Once signed, changing its terms may be difficult, depending on the circumstances and the nature of the provision involved.
Before signing, you should understand:
- What am I giving up?
- What am I receiving in return?
- What happens if circumstances change?
- Are there issues that have not been addressed?
These questions can be particularly important where there are significant assets, pensions, business interests, support claims, or parenting concerns.
Independent Legal Advice Matters
Each spouse should have the opportunity to obtain independent legal advice before signing a separation agreement. A family lawyer can review the proposed terms, explain their legal implications, identify potential concerns, and help ensure that your interests are properly considered.
Getting advice before signing is often far easier than trying to resolve a dispute after an agreement has already been executed.
Take the Time to Get It Right
A separation agreement is more than a document that records that a relationship has ended. It can shape your financial and parenting arrangements for years to come.
If you are separating in Ottawa or elsewhere in Ontario, our family law team can help you understand your rights and review or negotiate a separation agreement. Contact our office today to schedule a consultation and take the next step toward resolving your separation with greater certainty.
The content on this post is for information purposes only and is not legal advice, which cannot be given without knowing the facts of a specific situation. You should never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. The use of the website does not establish a solicitor and client relationship.