Are you planning to separate from your spouse? Then it’s time to consider a separation agreement to address the details of this significant event. A separation agreement is a binding contract between the two parties in the relationship that addresses such issues as child custody and access,child support, property division and more. Failure by either party to uphold the agreement can result in a claim for breach of contract. Many couples choose a separation agreement in Kitchener to avoid going to court and paying for costly litigation fees. If you would like to learn more about these types of agreements, call the Law Office of C. Richard Buck to set up an appointment.
When Should a Separation Agreement Be Used?
Unlike a divorce, during a separation the two parties are still legally married, but all aspects of their lives are separate including their residence, finances, custodial duties, etc. Separation is most commonly used for spouses who are able to agree on all the aspects of their separation, thus avoiding costly court proceedings and litigation fees incurred during a divorce case. However, it is important to have a lawyer to walk you through this process as it is still a binding legal document.
When your situation involves complicated property distribution schemes, significant assets or complex issues regarding your children, it is best to seek the expert advice of someone with extensive legal experience.
Separation Agreements Allow for the Chance of Reconciliation
Since the two parties involved in a separation agreement are still married, this type of agreement leaves open the possibility of reconciliation. Sometimes after having spent some time apart, the couple realizes they want to continue their marriage. Most separation agreements have a clause stating that should reconciliation occur, the terms of the agreement remain in effect unless the parties revoke it in writing.
Schedule a Time to Talk
If you would like to learn more about separation agreements or would like to set up a time for you and your spouse to discuss a possible separation, please call our office today. A member of our staff will be happy to assist you.