Do You Need A Separation Agreement?

Many people believe that a Divorce Judgment is all that is necessary to protect themselves following a separation, but a Separation Agreement with independent legal advice is usually also necessary to fully protect each party.

A Separation Agreement can ensure all current and future assets and debts are addressed and it often goes into further detail on issues of parenting and support than a Divorce Judgment. Further, only a Separation Agreement can address one or both parties waiving any claims to partner or spousal support, any claims to each other’s Canada Pension Plan credits for the period of cohabitation, or any claims to an equal division of one party’s employment pension plan for the period of cohabitation, and ensure child support or spousal support obligations are enforced after the death of the payor party.

It is generally recommended to contact a lawyer to confirm whether your individual circumstances warrant a Separation Agreement with independent legal advice. Collaborative law is an out of court settlement process which enables parties to obtain both a Divorce Judgment and a Separation Agreement with independent legal advice once all matters are resolved.

Article Written By Allison Brett, Schnell Hardy Jones LLP