Getting a separation agreement in Penticton

Getting a separation agreement in Penticton is one of the first steps you should undertake in your divorce proceedings. In order to ensure that the contract is valid, fair, and attainable for all parties involved it’s best to hire a professional mediator. Your separation agreement is a big step forward to completing your divorce. It outlines the parameters of your future divorce including family and financial responsibilities for all involved.

Using a professional mediator in Penticton to facilitate your separation agreement is the best insurance that all parties get treated with respect. Separating is a tumultuous period for a couple, no matter the circumstances. The Family Mediation Center can help to alleviate some of that stress by bringing both parties together in a neutral setting.

Please note that our separation agreement is legally binding and written by a co-mediator family lawyer; Read more below about how couples in Penticton seek a professional option for their separation agreement: 

What Is A Separation Agreement?

The short answer is that a separation agreement is a contract. We recommend working collaboratively with your former partner and the Family Mediation Center in Penticton from the onset of your separation. This is the absolute best way to ensure your agreement will stand the test of time. The legal separation agreement is prepared by a family law lawyer. Once prepared, it is then presented to both parties at the same time. The separation agreement is a contract just like any other contract. Once it has been signed by each partner and witnessed, it becomes an “enforceable” or “legally binding” contract.

Your separation agreement must follow certain rules such as financial exchange, fairness of the process, and a full understanding of its terms is required for it to be enforceable. If these rules have not been followed, and there is an issue in the future, a judge can decide to enforce part or none of your separation agreement.

Getting A Separation Agreement Is Not The Same As A Divorce.

Separation agreements allow two spouses to live; separate and apart from the other without legally ending their marriage. They may choose to live in separate homes, but it’s not required in order to be legally separated. It is possible to live; separate and apart; under the same roof. You can be separated and still live in the same house .  When determining if spouses are in fact living; separate and apart; the courts will look at certain factors, such as whether or not they:

• Share a bedroom
• Have sexual relations
• Prepare and eat meals together
• Whether the spouses eat meals together as a family
• Attend social events as a couple
• Share chores
• Continue to communicate about and accommodate one another’s schedules
• Whether the spouses present themselves as a couple to the community
• Arrangements regarding traditionally shared expenses
• Whether the spouses engage in joint social activities

A separation agreement is a legal document.

It is your contract that outlines terms regarding child custody, property division, child and spousal support, what happens with your retirement funds, debts, and other financial matters. In addition, it serves to spell out other terms that may be important to you, such as a religious upbringing of children, dietary insurance coverage, etc. It is important, therefore, that this document is well written and adequately reflective of your intentions.

A separation agreement contains legal clauses, which need to be thoroughly explained and understood by both of you. Copying and pasting from a friend’s agreement or using online templates will not provide you with a customized agreement nor all of the information about what you are getting yourself into upon signing it. It is very expensive to undo a mistake!

Having an understanding of each other’s finances is critical.

Lots of homemade agreements we have seen lacking in the area of proper financial disclosure.  If something happens down the road, this missing piece can void your entire agreement. You really don’t want to find yourself in a situation where you’d have to convince a judge you did not hide any financial information, be accused of not properly disclosing or purposely hiding assets or other perceived valuables. It is far better to have this financial disclosure properly done and attached to your separation agreement. Look at it as a form of protection or insurance against an unknown and ever-changing future.

A Poor Separation Agreement Is A Reason Why Your Divorce May Not Be Granted!

There are couples who are shocked to hear that even though they came up with a mutually agreeable arrangement, their divorce may not be granted. I hear you! The reason for this stems back to the fact that this is a legal document. As such, there are some rules that need to be followed no matter what. This is especially true when it comes to support for children and the protection of vulnerable parties.