Separation Agreement Considerations

If there is a separation where both parties continue to live in the same apartment, you both have to live separately as roommates and nothing more. One of you must also intend to move as soon as possible (for legal and legal reasons). One of the things that sometimes falls because of the flaws in a separation agreement is the funding of post-secondary education for children. Your agreement should indicate who is responsible for what educational costs and it should also deal with the provision of funds for education but not used. Decades of family law work as a divorce lawyer have proved to me that while no formal “separation” agreement is required in this province, defining the details of your separation in a court-recognized agreement will save time, energy, aggravation, money and sometimes even the relationship itself! But sometimes finances or other considerations will mean that both sides will continue to live under the same roof. In contract law, to be completed or completed; to complete the legal formalities necessary to carry out the document. A separation agreement is “executed” by signing it, for example, in the presence of a witness. Of course, separation agreements are not for everyone. There must be a degree of mutual trust and good faith, and each party must have some flexibility and willingness to meet the other party. A separation agreement will not be appropriate if a couple is so angry, jealous or stubborn that even a fundamental level of mutual respect is lacking and a dialogue is not possible. It is not absolutely necessary for a lawyer to verify your separation agreement, but it is a good idea. This is especially the case when you are confused or unsure of one of the clauses. If you need an audit, make sure your agreement is verified by your own lawyer (not your spouse) before signing the agreement.

Independent legal advice is also a good idea because it prevents the parties from saying later that they are at a disadvantage because they did not understand the agreement. Thomas D. Rees, a labour law practice partner at High Swartz LLP in Norristown, Pa., however, believes that separation agreements are “highly desirable” when an employee is dismissed for some reason that is not a major fault.