What is a Separation Agreement?
A Separation Agreement is an agreement that is entered into when a Common Law or Marriage relationship has ended. In other words, the Separation Agreement is a contract that describes how the legal issues arising out of the termination of a relationship have been resolved. A Separation Agreement spells out the rights and obligations of the parties towards one another. The intention of a Separation Agreement is to make an agreement that all parties are happy with and is legally binding.
A Separation Agreement can deal with issues relating to children such as how parenting decisions are made, child support, guardianship, parenting time and contact with the child or children. It also can deal with spousal support, division of property and debt. A Separation Agreement usually deals with all issues relating to the termination of the relationship between the parties, but in some circumstances issues can be left out of the Separation Agreement for a court to decide.
Marriage Separation Agreement vs. Common Law Separation Agreement
Under the Family Law Act (the law which governs family relationships in B.C.), a couple enters a common law relationship after two years of living together in a marriage-like relationship or if they have a child together and have lived together in a marriage-like relationship for an unspecified period. A marriage-like relationship is a romantic relationship that exists while a couple lives together; in other words not just roommates. Once you and your partner are spouses under the Family Law Act you will fall under that Act like married couples. As such, it is important for separating couples to draft a common law separation agreement similar to a marriage separation agreement. The contents of a common law separation agreement and marriage separation agreement are generally quite similar.
What are the Advantages of having a Separation Agreement?
- Separation Agreements can save you money compared to litigating in court.
- A Separation Agreement can save you time as opposed to a lengthy court process.
- With a Separation Agreement you participate in the determination of issues as opposed to having a judge impose a decision for you.
- People are more inclined to adhere to a Separation Agreement than to the decision of a judge.
- Separation Agreements can be a flexible way of resolving issues arising from the termination of a relationship.
- Separation Agreements can be tailored to your specific situation.
- Creating a Separation Agreement is usually non-adversarial, which leads to a greater chance of preserving relationships.
What are the costs of drafting a Separation Agreement?
The cost of drafting a Separation Agreement is a flat fee of $2,500 + taxes and disbursements. This amount includes one free set of revisions. Any additional work will be done at my hourly rate of $495 per hour plus applicable taxes. We do not charge for such things as photocopying, faxing, secretarial services, and long distance telephone calls, which can save you hundreds of dollars more.
Why use M.J. O’Nions Lawyers & Mediators for writing my Separation Agreement?
We have expertise in drafting all types of Family Law Agreements such as Marriage Contracts, Prenuptial Agreements, Cohabitation Agreements and Separation Agreements. We will do this in a cost effective manner while providing high quality professional service. We understand your needs and what you are going through. We are here to help. Just give us a call at 604-449-7779 to schedule an appointment.
How do I Start the process of Having my Separation Agreement Drafted?
Fill out the general intake form and a lawyer will call you within 24 hours to assist you, or you can call us directly at 604-449-7779.
To learn how to become legally separated in BC, read our blog on How to File for Separation in BC.