Do not forget, a divorce ends a marriage and a separation agreement does not. However this does not mean that an agreement does not have the potential to be very significant and effective. A agreement can accompany a divorce to help define the specifics of the split. In that situation the marriage ends by way of the divorce but all the finer points are addressed in the agreement.
Or, it can be used on its own so that a divorce can come later, or not at all. Some separated couples get back together or remain apart but never actually terminate their marriage with a divorce.
Sometimes an agreement is filed with the court when a divorce is processed. Other than that, it is only filed or registered with the court if one party breaks the agreement and the other needs to ask the court to enforce it. Filing it with the court does not make it legal, signing it does. But it has to be signed correctly.
In some provinces certain terms of the agreement are not enforceable unless each spouse receives independent legal advice (from a lawyer) prior to signing it or at least signs a waiver of independent legal advice which is witnessed by a lawyer. It is always a wise move to spend a little extra to have a lawyer go over your agreement with you before you sign it.
Be sure to have your spouse get independent legal advice as well. If they do not get it, they can ask the court to overturn it because they did not understand what they were signing.
The most important things to cover in your separation agreement are the details regarding the care and financial support of children, the issue of spousal support, and the division of your property and debt. Obviously if there are no children, low income and little property, this is easier than if all of these matters must be dealt with.
So the essential things to keep in mind are: 1. to understand what a separation agreement can and cannot do; 2. to make sure that it is signed correctly after receiving independent legal advice; and 3. to make sure it deals with the important issues of children, income and property.
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