If a married couple or life partner can agree on the conditions under which they will live separately, they can enter into a separation agreement. The essence of a separation agreement is that it is an agreement. Both parties must accept the terms of the agreement. Divorce/dissolution proceedings can be long and lengthy, but a separation agreement can be reached quickly. The court process can also be confrontational and cause disagreements between you and your partner, which can make the divorce/dissolution process even more difficult. If you and your ex-partner have already decided and agreed on what you want to include in your separation agreement, you should each ask your own lawyer to review it and create it as a legal document. You don`t need to seek legal advice when drafting a separation agreement, but it`s a very good idea to do so. Once each party has received independent legal advice on the agreement, it will execute the agreement (a formal deadline for signing the agreement) in the presence of a witness if it is still willing to enter into the transaction. Usually, each party executes the agreement in front of the lawyer who provided the independent legal advice, but anyone can watch a party`s signature as long as the witness is not under the age of 19 and cannot benefit from the agreement.
The witness will watch the party sign the agreement, and the witness will then sign the agreement himself. Separation agreements are individual to each couple and their personal situation and therefore cover a wide range of elements. If you can`t agree on the terms of a separation agreement, this may not be the best option for you. However, before going through a divorce/dissolution process, you should try mediation as it can help you reach an agreement on your finances, property, and children. This is not a necessary requirement for divorce/dissolution, but a separation agreement is often used as a stepping stone because it allows you to use two years of separation as a ground for divorce/dissolution and is proof of when you were separated. A checklist for a separation agreement should include the following: Family law agreements are also subject to other principles that do not necessarily apply to commercial contracts: The information on separation agreements described below refers to current requirements. However, we are aware that the Divorce, Dissolution and Separation Act is currently at the Parliament stage, a term under the Family Act that refers to property acquired by one or both spouses during their relationship, as well as after separation if purchased with family property. It is assumed that both spouses have the right to distribute equal shares of the family property.
See Excluded property. A separation agreement does not have to be submitted to the court, but can be submitted to the court in the event of a dispute. As with prenuptial and post-marital agreements, a separation agreement may not be enforceable if one of the parties does not make a full disclosure or has forced the other party to enter into it. .