Crafting a Sturdy Separation Agreement

Separation agreement

I want to explain and to emphasize the critical importance of ensuring that your separation agreement is crafted with care and precision.
Often, I receive calls from clients who have attempted to draft their own separation agreements without the guidance of legal professionals.
While their intentions are undoubtedly good, the reality is that such agreements can lead to significant problems down the line.

Life is unpredictable, and circumstances can change in unexpected ways. For instance, it’s not uncommon for individuals to later discover errors in the calculation of support or incomplete financial disclosures. Moreover, overlooking legal guidelines, such as those for child support, can further complicate matters.
Attempting to rectify these mistakes after the fact can be both time-consuming and costly. In many cases, it’s necessary to start from scratch, rather than simply making
adjustments. Just as you wouldn’t attempt to construct a house without the expertise of a builder, crafting a separation agreement without legal or mediation guidance can have serious consequences.

A well-crafted separation agreement should:
1. Stand the test of time and be respected by the court if challenged.
2. Be easily understood by various parties, including lawyers, financial institutions,
and tax authorities.
3. Minimize future conflicts and associated costs.
4. Include a clear process for resolving disputes.
5. Be managed with integrity and honesty.
6. Ensure that all parties are well-informed and have the opportunity to seek legal
and tax advice.
7. Consider the balance and harmony of the family.
8. Should be easier to understand for lawyers,accountants,realtors,banks, revenue
Canada,Doctors etc.
9. Should have all the equalization formulas
10. Should have all the necessary back up to justify the agreement.

By investing in a professionally drafted separation agreement, you can mitigate the risk of future disputes and ensure that your interests are protected. If you have any questions or concerns, please don’t hesitate to reach out. I’m here to help guide you through this process and ensure that you achieve a fair and equitable resolution.

Daniel Mandelbaum

CERTIFIED FAMILY MEDIATOR – JUSTICE INSTITUTE OF BRITISH COLUMBIA

I discovered that I was born to mediate and collaborate, as I was – and still am – the individual that my friends and family call on to resolve any conflicts that may arise.