Separation Agreements
If you and your spouse are able to agree on how to split your property, the amount of support to be paid and the parenting arrangements for your children, you can save a lot of money on legal fees and avoid going to Court. If you and your spouse can agree to the terms of your separation, you can avoid having to go to Court and the legal costs will be substantially lower.
If you and your spouse are able to agree on the terms of your separation, it is important to ensure that the Agreement is enforceable and that your spouse is not able to change their mind about it in the future. Your Agreement must be put into writing and both you and your spouse must receive independent legal advice to ensure that it is legally binding and enforceable to ensure that both of you are protected. See more about independent legal advice here.
If you and your spouse have property that is being divided, you are required under The Family Property Act to have the property division in writing and to have had independent legal advice prior to signing. If you do not meet these requirements, your Agreement may not be enforceable.
You want to ensure that your Agreement is completed correctly, so that you can rely on it and so you can enforce it if your spouse does not follow it. We have the knowledge to provide you with legal advice on your rights and prepare an enforceable Agreement that accomplishes what you wish to achieve.
Can I save money by preparing my own Separation Agreement?
If you look online, you will be able to find many templates for Separation Agreements. However, not all of them will take into account the laws of Saskatchewan, and if challenged, could one day be invalidated at Court. Another problem is that online templates for Separation Agreements are often vague. If an Agreement is vague, then it opens the door for your spouse to be able to take you to Court to fight about how the Agreement should be interpreted in the future. The initial cost savings that you may have received by using a template will likely be less than the legal fees you are required to pay to fight about the interpretation of the Agreement in Court.
We suggest that you have your Separation Agreement drafted by a lawyer or reviewed by a lawyer to make sure that the Agreement provides what you want it to, and that it will stand the test of time. However, if you have already drafted a Separation Agreement and want it reviewed by a lawyer, R&R Legal Group will review the Agreement with you and provide you with her legal advice.