Legal Services

Separation and other agreements

At any point in your relationship, a legally drafted agreement can help you avoid conflict

Two women in polka dot shirts sitting at a table reviewing documents and taking notes.

Legally binding agreements

So you can have peace of mind

 Frequently asked questions

 

Separation Agreements

 

  • Separation agreements typically start at $2,000 in legal fees for drafting the agreement. This amount does not include taxes or any negotiations that may be required.

  • A separation agreement can set out the resolution for all aspects of your relationship. The purpose is to document what is agreed to, in order to make that agreement enforceable and clear.

    Only a court can grant a divorce but a separation agreement can set out how the parties will obtain the order for divorce..

  • Yes, but it is not advisable. It is common for lawyers to have to ‘fix’ self drafted agreements. This process is far more expensive than having counsel draft the agreement in first instance. It is akin to building your own house, sure you could do it, but it will likely be riddled with mistakes and cost more to fix than to be built correctly.

  • A separation agreement is of no use if the other party will not sign it. Because of this, a separation agreement should only be drafted after the parties have come to terms on all issues to be included in the agreement.

  • To amend a separation agreement your lawyer will have to consider the provision of the agreement and what is required.

    If the separation agreement does not require any specific steps, it can generally be amended by a further agreement between the parties or by court order. The court will consider if there is a material change in circumstances that would justify a change.

    Changing a separation agreement requires consideration of the agreement, new factual circumstances and the legislation. Getting specific legal advice is advisable.

  • Prenuptial and marriage agreement are the same thing. In Canada we use marriage agreement. They are both agreements to stipulate how the parties will act during and after the marriage. A co-habitation agreement differs in that the parties may not be married. For almost all purposes these terms are interchangeable.

  • It depends and you will want to speak with a lawyer about your specific circumstances. Often where parties have significant discrepancies in financial resources these agreements are pragmatic. A well drafted agreement provides clarity if the relationship breaks down regardless of the circumstances. Ideally it will decrease post breakup animosity.

  • An agreement usually will deal with clarifying property division, stipulate who will be entitled to any wealth generated during the relationship, set out what if any spousal support would be payable, and how the parties will manage a divorce.

    These agreements cannot deal with parenting time, and child support.

Cohabitation, Marriage, & Prenuptial Agreements

Separation & Other Agreements Lawyers