What is a Separation Agreement?

The separation agreement is a legally binding document signed by both parties that contains all of the agreements made regarding the divorce. This contract outlines the decisions and rights of each party in regards to child support, spousal maintenance, custody and access (residential care), assets, debts, property and assets. The document can be more than 20 pages long, due to the number of decisions made and the legal language required.

Why Do You Need a Separation Agreement?

A separation agreement can help avoid a lot of problems in the future, including child custody, co-parenting arrangements, living arrangements and support payments.

Using ADR and mediation to start separation

Divorce issues have not changed but laws have. Previously, if you faced a divorce you would hire the best attorney you could find. The results of the court cases were heavily dependent on both the judge and lawyer you hired. This has changed in two ways.

In the 1990s, the first step was to introduce updated Provincial Property Acts and Child Support and Spousal Support Guidelines. Bottom line, the goalposts you are negotiating with are narrow. This means that your outcome will be more predictable, whether you use lawyers or an alternative dispute resolution.

It is possible to fight for a cause, but the costs of taking a strong stance are often greater than any gains. You want to achieve a fair result, where you receive what is "just" in the eyes of law and "fair", considering your situation. Money and children are the only things that matter in divorce. You want to protect both and keep as much money as possible in your pocket.

Alternative Dispute Resolution is now the norm

Alternative Dispute Resolution is a less expensive, but increasingly popular method that often results in better outcomes. This method includes both arbitration and mediation. Divorce mediation is the process by which a couple going through a divorce negotiates their differences with regard to finances and parenting with a third party. The mediator assists the spouses in negotiating and communicating, but does not take decisions on their behalf. Compare this to an Arbitrator, who is a decision maker similar to a judge but without the title or endorsement of judicial courts. The mediator's role is to facilitate the decision-making process based on their expertise and they may also add some guidance in areas where they are knowledgeable.

The mediation itself is not binding, so a party may withdraw if needed. It is intended that the parties reach a settlement on the issues during divorce mediation. These decisions are then incorporated into the separation contract, which is signed before an attorney and legally binding.

Fairway Divorce Solutions fall under Alternative Dispute Resolution and use a proprietary INR model (Independently Negotiated Resolution) to resolve and agree on all issues.

Mediaton is the best choice for financialy complex cases

Some people still believe that if your assets are complex, you should hire an attorney. You will need to hire a team of financial experts if you have complicated assets. This may include getting Independent Legal Advice at some point. Legal advice is wise, but it is best to use lawyers who are familiar with financials, and understand the tax implications and different ways to split assets. Team members should be experts in finance, accountants, business valuers and lawyers, who can give information on the law as it applies to your case and cases similar to yours. To make good decisions, you need to have the right information and knowledge. But fighting isn't necessary.

What should a separation agreement include?

The division of debt and property agreed upon
Your co-parenting plan
Child Support Arrangements
Spousal Support / Adult Interdependent Partner Support arrangements
How you'll resolve conflict if it arises in the future
Any other information you consider important about your separation

Do I need a mediator or an attorney to obtain a Separation Agreement?

No. You may not need any help from a third party to reach a resolution. You can file for divorce if you don't have children or simple property. Your decisions will be included in the application.

Fairway's team can help you draft a separation contract and file a divorce.

It may be wise to have a third-party check that you did not miss anything.

Fairway's Fast Track service can help you if you feel that you are in agreement but you would like a third-party to ensure you didn't overlook anything regarding child support, custody and support for your spouse, or property division. You can be confident that your agreement is going to stand the test time and you didn't miss anything important for your future wellbeing.

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