If your relationship has ended and you do not already have a Pre-Nuptial Agreement, Marriage Agreement or Cohabitation Agreement, you and your spouse/partner may still enter into a comprehensive, legally binding contract which is often referred to as a “Separation Agreement” to set out how you wish to resolve issues of parenting, support and the division of your family property.
Often, the terms of a Separation Agreement may be determined through negotiation between the parties, negotiations between your lawyers or through an alternative dispute process such as mediation. To ensure that the parties are entering into a fair and comprehensive Agreement, it is important that the parties have fully disclosed information regarding their respective incomes, assets and liabilities. It is also important that the terms of the Agreement have been negotiated in good faith without any misleading or fraudulent information and that neither of the parties is under significant duress which could potentially invalidate an Agreement.
By entering into such a Separation Agreement, the parties avoid the necessity of having their future and their children’s future will be determined by a third party decision maker such as a judge or arbitrator and ensure that they have input and control over their own matters.
The lawyers at Matkovic Allan LLP will work with you to ensure that you enter into a fair and comprehensive Separation Agreement that will protect your rights and which will provide you with a mechanism to resolve any future disputes that may arise regarding issues of support or parenting.