In some cases, it may be preferable for the parties to enter into a financial agreement. A financial agreement is prepared by lawyers. It is essentially a contract between couples. It is intended to formalize the agreement reached by the parties and to prevent one of the parties from filing an application with the family court. Each of the parties must receive independent legal advice on the financial agreement. If the financial agreement is carefully crafted, it should serve as a varnish to the Court of Justice when it makes all decisions against it. Collect all your financial documents, including payslips, bank statements, tax returns, leases/mortgages and investment documents. Spouse assistance: Spousal assistance or support may be added to a separation agreement. It is usually paid from one spouse to another to help maintain a normal financial lifestyle. The duration and amount of support depends on it: it should be stressed that a separation agreement is not automatically legally binding, as it is a court decision.
However, it is more likely to be upheld by a court if it has been duly completed. You should ensure that: child support – the provisions of the child support agreement are always subject to review; For more information on the arrangement, see the marriage, family and separation brochure. A separation agreement is useful if you have not yet decided whether you want to divorce or break up your partnership or are not yet in a position to do so. It is a written agreement that usually defines your financial arrangements while you are separated. It can cover a number of areas: a separation without dissolution does not end a marriage or a life partnership – you are simply freed from the obligation to live together. Most separated couples who enter into a separation agreement are either married or in partnership. Some cohabiting couples may also wish to enter into a separation agreement. The inheritance chances of family members – the inheritance of the children can be protected in the agreement; If you and your ex-partner have already decided and agreed on what you want to include in your separation contract, you should ask your own lawyer to verify it and draft it as a legal document. The quintessence is that you want a separation agreement that protects you during a separation if your spouse does not meet his obligations, as described in the agreement. The agreement will be reached in court if you have to go to court to enforce it.
In addition to mind-calming, there are financial benefits of a separation agreement that also protects you. Obliging the other spouse to refinance after the divorce should be included in the transaction contract. They could, for example, provide some time frame for refinancing. If they are not refinanced or are not eligible for refinancing, the asset could be sold and the loan could be repaid with the proceeds of the sale. A separation agreement means maintaining certain benefits that you held during the marriage. Suppose you are an insured spouse in your spouse`s health insurance plan. A separation agreement may include the maintenance of these benefits during the separation period. You can get a financial agreement before, during or after a marriage or a de facto relationship. These agreements may cover: the court would also probably not maintain a clause preventing one of the parties from taking legal action to challenge the agreement.
A separation agreement can often be turned into an approval decision later in the divorce process, leaving your lawyer to establish it properly and applying to court – making it legally binding. If you and your spouse or partner plan to make your separation permanent, but you do not yet wish to initiate formal proceedings, such as divorce or dissolution proceedings, or if you are unable to do so because you do not meet the legal requirements – for example, you have not been married for at least 12 months – you may in the meantime.