2Separation agreements are used to resolve and finalize arrangements for custody, support, and division of property when a marriage or common-law relationship has broken down. The terms of a separation agreement can be established through mediation, or by sitting down with your lawyer and coming up with a plan that will work for your family. Some couples are able to decide on their terms of separation together, and this can be a great way to cut down on legal fees; however it’s always advisable to review whatever agreement you come to with a lawyer who practices in family law. Even if you’re able to agree on the terms of separation, you should seek independent advice from a lawyer to ensure your agreement doesn’t have a gap that you may not be aware of.
Where the parties are not able to agree on an item, or where one party is delaying resolution, waiting on an agreement may not be a realistic option. In these cases, it can be necessary to file the necessary documents in court to get your matter moving.
On the other hand, separation agreements can also be tailored to deal with certain issues, while leaving others on the table. For example, if the parties can agree on custody but cannot agree on how property shall be divided, you can have a separation agreement dealing only custody and support issues, and proceed to Court to deal with property valuation and division.
At FM Law, we always work with our clients to resolve as many issues as possible out of court, and to achieve a fair outcome. If you are considering separation, or plan to put an agreement in place, call our office, we may be able to offer some advice or insight into this process.