There are frequent reasons for seeking separation rather than divorce: a separation agreement is a legal document used by a couple who wish to separate and live separately without divorce. Separation agreements lead to legal consensus between spouses or two persons who have chosen to separate. The process cannot necessarily be a divorce, but also people who have not made decisions about their status. It is a much more formal process than the development of a separation agreement. You must apply for a separation by filling out a form and sending it to your district court. both have been open and honest about your finances, have taken independent legal advice on the agreement and have taken various guarantees, it might be difficult for you to argue in court that you should not comply with it. You should NOT use the separation agreement if you do not know where your spouse is or if your spouse refuses to consent. Instead, the best way to use a separation agreement is where both spouses have had a mutual understanding of how they wish to manage the “business” of separation. Both spouses must sign the agreement.
But a separation agreement may not be the best thing to do in situations where: a separation contract is a written contract between two married spouses who want to live separately. The agreement outlines the couple`s practical concerns about how their assets, property, debts and bills should be treated during separation. There are steps in written separation agreements and the separation of individuals must follow the necessary steps for the procedure to be legal and peaceful. You can also use a separation agreement if you are unable to divorce or break up with your life partnership – perhaps because you have spent less than a year in England or Wales or less than two years together in Northern Ireland – but you want to decide who pays what. If you can agree on the amount and duration of spousal benefits, which is fair and appropriate for both parties, it is likely that the same support arrangements will be included in your divorce judgment. It is a good idea to get legal aid before you write your agreement and before you sign it. A family lawyer can help you understand your legal rights and obligations before you make your final agreement. See also What is independent legal advice? for more information. But a court would not accept – for example – that one of you be bound by a clause in the separation agreement that states that you could never go to court for food service or daycare. Some couples choose not to divorce or separate for a period before seeking divorce or dissolution of the marriage.
A marriage separation agreement describes how assets, debts and children are managed during separation. Your agreement may contain more problems than this manual. To explore other issues and options, especially if your situation involves complicated ownership sharing, you should use the Continuing Legal Education Society of BC (CLEBC) Family Law Agreements: Annotated Precedents. We provide examples of sentences (called clauses) that you can adapt to your situation. You can also add your own clauses. Each family`s situation is different.