If you and your spouse are thinking about separation, or have already ended your relationship, you may consider entering into a separation agreement with one another. Separation agreements allow couples to address the issues that arise during the breakdown of a relationship, including:
- Ownership in or division of property
- Support obligations
- Decisions regarding your children
- Custody and access of your children
At Russell Alexander Family Lawyers, we realize that every client is different. Determining our clients’ goals and interests is always our starting point for drafting a separation agreement. Your separation agreement can be as detailed as you want it to be. For example, you can determine what days each parent will spend with the children, and how all property is to be divided.
A properly drafted separation agreement allows the parties to retain control over major decisions in their lives during this difficult time. If parties cannot agree on these issues, a court may decide the issues on behalf of the parties. This can result in an arrangement that satisfies neither party.
While parties may come to an agreement on their own, enlisting a lawyer’s services in the preparation of a separation agreement can protect the agreement from legal challenge in the event of a dispute. At Russell Alexander Family Lawyers, our lawyers and law clerks work with you to create an agreement that suits your individual needs.
We start by obtaining full disclosure from both parties and ascertaining your goals. We keep your goals and your legal rights at the forefront while negotiating the terms of your separation agreement with the other party. Once all the terms have been agreed upon, our firm will draft your agreement and provide it to you for your review. If changes are required, we revise the agreement and provide it to you and the other party to sign.
You should always obtain independent legal advice before signing any contract, including a separation agreement. A written agreement becomes legally binding once it has been signed by both parties, witnessed, signed by the witnesses, and dated.