The decision to separate from your partner is never easy. When you take that step, there are so many matters that need to be dealt with. One of the best ways to amicably deal with these matters is by getting a separation agreement. It can be considered an ideal option for protecting your rights and saving you the stress and cost which arises with the formal court proceedings. A Family Lawyer Brampton will guide you to draw up a separation agreement that is fair to both parties. Before you do that, it is essential to have the basics clear.

Why do you need a separation agreement?

When a marriage or a union is coming to an end, it is wise to sign a contract where both parties agree on the rights and obligations that they will have. Usually, the contract addresses various critical issues like custody and access, especially when kids are involved. Spousal Support, division of property and equalization are also included in the contract. All of these can be included in the separation agreement. It is personalized to include the unique situation the couple is in. The agreement is drawn up to prevent going through the daunting route of obtaining the divorce from the court. Though, it is not essential to have a separation agreement but having one can help to significantly reduce the costs related to divorce.

If you decide to go through the law proceedings, the chances are high that the court might enforce a decision that won’t be suitable to either of the partners. You can hire a lawyer to help you draw up the agreement. During the process, you can sit with your ex and discuss the changes required. Having a separation agreement in place can save on energy and costs in the long run.

What are some of the things included in the agreement?

The separation agreement should include issues you will face while separating and are looking to resolve. Some of the things that are usually included are:

Parenting: When the couple is separating, they need to determine who will take custody of the child and how much time will each parent get to spend with the children. It would also include what would happen in case one parent relocates and also discuss the changes that could be made to the parenting schedule.

Child Support: The agreement would clearly state the child support to be paid. Child Support Guidelines determines this amount. It will also include details of how the extraordinary payments would be handled.

Matrimonial Home: It should indicate whether the house would be retained by one partner or sold. If sold, then how will the proceedings be divided. When a partner is living at home, the agreement should also specify for how long and who will take care of the additional bills.

Property Division: The agreement will specify the net family property and how it will be divided. It will include details about equalization and the benefits given in exchange for others.