Once you have agreed on how to address and resolve the issues arising from your separation it is often necessary and desirable to enter into a separation agreement. The separation agreement is a legally enforceable contract between yourself and your former partner that sets forth your respective rights and obligations. The agreement will outline all aspects of your agreement, including the division of property, spousal or partner support, and child support and parenting arrangements if you have children.
There are a number of specific requirements that must be met to ensure that your separation agreement will be enforceable and not subject to any potential future challenges. Some of these requirements include the exchange of financial disclosure and independent legal advice for both parties upon signing. Having a well drafted separation agreement, that fully complies with the current state of the law, may save you the time and expense of litigating your matter in the future in the event your former spouse or partner fails to abide by the agreement or wants to challenge it.
Our knowledgeable and experienced family law and divorce lawyers can provide the necessary professional assistance to ensure that you have a legally enforceable Separation Agreement that accurately depicts your agreement with your former partner and that anticipates any potential issues with interpretation and enforcement.
If you have a separation agreement already drafted and require Independent Legal Advice, we are happy to assist you with understanding the legalese contained in your separation agreement and ensures that your rights and interests are adequately protected.