Key takeaways
- A separation agreement is a written contract that settles issues between separating partners.
- It can cover parenting, child and spousal support, and division of property.
- Full and honest financial disclosure is important to an agreement holding up.
- Independent legal advice for each person helps protect the agreement and both parties.
When a relationship ends, a separation agreement is one of the most useful tools for moving forward with certainty. It is a written contract between separating spouses or partners that records how they will handle the important issues between them, without necessarily going to court.
What a separation agreement can cover
A well-drafted agreement can address a range of matters, including:
- Parenting, decision-making responsibility and parenting time for the children.
- Child support, the amount and how it is calculated and paid.
- Spousal support, whether support is payable, how much, and for how long.
- Property, how the home, pensions, savings, debts and other assets are divided.
Not every agreement needs to cover every topic. The goal is to address the issues that actually matter for your situation, clearly enough that both people know what to expect.
Why financial disclosure matters
For an agreement about support or property to be durable, both people generally need to exchange honest and complete financial information. If one person later shows that important information was hidden, the agreement can be challenged. Taking disclosure seriously at the start protects everyone.
Independent legal advice
It is common, and often wise, for each person to get their own “independent legal advice” before signing. That means each person meets separately with their own lawyer, who explains the agreement, its effects, and whether it is fair in the circumstances. This helps ensure the agreement is understood and reduces the chance it is set aside later.
Do you have to go to court?
Not necessarily. Many couples reach a separation agreement through negotiation or mediation and never need a trial. Court becomes necessary when important issues cannot be resolved. Where both people are willing, an agreement is often faster, more private and less expensive than litigation.
Getting started
Every family is different, and this overview is general information rather than advice about your specific situation. If you are separating and want to understand your options, a confidential consultation is the best place to start.
