In personal interviews, you and your spouse/civil partner will discuss and resolve issues such as custody and access to children, child support and property rights. The process depends on the fact that both parties are able to make all their assets open and open, openly and openly, in an open and honest manner. As it is written, a separation agreement is good evidence of the decisions that will be made between you and your spouse for future references. If you are married or in partnership and decide to separate from your spouse, you can enter into a separation agreement to agree on the distribution of your money, property and responsibilities after separation. The general rule here comes from the common law. In the absence of a special clause that inserts some or all the terms of a separation agreement, the agreement is void if the parties agree and resume their relationship and live as a couple. This rule was upheld in a 2003 decision of the Ontario Court of Appeal, Sydor/. Sydor, 2003 CanLII 17626 (ON CA), and the Supreme Court of British Columbia at Alexander v. Alexander, 2013 BCSC 1586. In Sydor v.
Sydor, the court said that unless a separation agreement contains a clause that the agreement will survive reconciliation, the agreement will be annulled if the couple reconciles, regardless of the length of the agreement, that it is “a complete, final and conclusive settlement” of all issues arising from their relationship. Under the Divorce Act, there are two basic types of custody: sole custody and shared custody. Exclusive custody is less frequent than before and is generally only appropriate if the parties are constantly killing each other or when some of the party is absent or expected in the child`s life. Shared custody is far more common than sole custody. In this situation, both parents are the guardians of the children and both have a responsibility to make decisions about the children. Divorce/dissolution proceedings can be lengthy and lengthy, but a separation agreement can be reached quickly. The legal process can also be adversarial and lead to disagreements between you and your partner, which can make the divorce/dissolution process even more difficult. Normally, four original copies separate from a separation agreement are executed. This is how the parties and their lawyers can receive an original copy of the agreement. Sometimes an additional original copy is executed if the agreement is to be filed in court.
In order to make your separation agreement legally binding, Graysons legal experts recommend this process: a couple can obtain a transaction at any time, even if legal proceedings have begun.