Separation in a marital relationship happens when the couple is having troubles in their relationship and feels that it is no longer going to work. Separation means living apart from your spouse by shifting somewhere else to get a divorce. However, not all separations result in a divorce. Separation is done to see how things will work out in the absence of one another and whether the couple should pursue divorce or not.
Moreover, there are different types of separations that you can opt for when deciding to part ways. These ways help you make a better decision about your life, not based on emotional responses. Rather logical thinking is the foundation of such a choice.
So, if you or anyone you know has decided to separate yourself from your partner but is looking for the right way to do so, this blog post will help you. We will mention what you should know about separation and its agreement and which important factors must be a part of this agreement.
What Is A Separation Agreement?
A separation agreement is a signed document that lays the foundation of the divorce and the separation. This agreement is necessary to be signed and accepted by both parties to avoid discrepancies later on.
A separation agreement consists of important information such as the date of separation, period of separation, child guardianship and other decision making. Writing this information in a document and getting it signed will eliminate any doubts between the spouses. Moreover, the terms of both parties must be considered and included after a mutual acceptance.
A professional family lawyer helps you draft a separation agreement and includes all the legal work that must be carried out during the process. This smoothes out the process, as such lawyers can guide you better.
Type Of Separations
There are two types of separation which are as follows:
- Trial Separation
- Permanent Separation
A trial separation is for trying and seeing if things will work out. You and your spouse are separated so that you both have some time to decide whether to go for a divorce or not. This gives you both the chance to think, clear your heads, and figure out what to do next. Although this might impact your children, you can decide amongst yourself who will take care of them and when.
Permanent separation is for getting permanently separated from your partner with no intention of getting back together with them. The end result of such a separation is always a divorce, as the couple would have already decided. However, a divorce assures this finality. After that, any shared assets or property must be separated as well.
What Should Be Included In Your Separation Agreement?
Every marriage might have unique needs, terms, and conditions to be included in its separation agreement. However, there are three basic things that must be included in your separation agreement.
Details Of Finances
If you and your spouse share any property or assets, decide beforehand what will happen in case of a separation or a divorce. Are there any joint debts or accounts? How will the matter of finances be resolved? Will one spouse pay for another spouse’s financial support? All these factors must be decided and included in your separation agreement before you and your spouse sign that agreement.
Details Of Children
If you have children, decide how and who will financially support them. How the procedure for the shared parenting will be managed. With whom the children will live and how much time each spouse will spend with the children.
Details Of Property
Many couples have shared assets and property, which have to be split in a divorce. So it is necessary to decide whether one individual will maintain the property or if it will be divided equally between the two. Depending on your circumstances, your financial status and property must be written out in your separation agreement to clear things up beforehand.
The Bottom Line
Separation agreements are necessary E2 has a written form of important things and avoids discrepancies later. After all, it is not just your life but your children as well. Altogether separation is important when the couple is unsure whether they want a divorce or not plus some people’s other religious beliefs forbid divorce. Whatever it is, hiring a professional family lawyer might help you with this process and make things easier for you.
About Peak Family Law
Peak Family Law is an experienced family law firm based in Edmonton, Alberta. We help couples reach suitable separation agreements throughout Edmonton and its surrounding areas. Contact us today for expert legal advice.