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Separation Agreements

Helping you resolve an issue without going to court

Negotiating a separation agreement involves a less formal process than collaborative law and typically involves two lawyers communicating on their clients’ behalves about the financial and parenting issues that arise on separation. If there are certain issues one or both spouses do not agree on, the parties can litigate those issues, or hire a mediator to help resolve them. If spouses reach agreement on all issues resulting from their separation either with our assistance or on their own, we can prepare a separation agreement that sets out the terms agreed upon by the spouses.

Like a collaborative approach, depending on you and your spouse’s ability to settle your differences, there are both financial and emotional advantages to negotiating your family law issues, when compared to going to court. The key difference from the collaborative law process is that neither of you make any promises to the other about how you will conduct yourself during the negotiation.

Whether negotiating a separation agreement is the right option for you will depend on how quickly you believe you and your spouse can reach an agreement on your issues, how willing you are to disclose the information necessary to reach a settlement, and how patient you can be if there are bumps in the road.

Did you know?

Negotiation outside of court has an astonishingly high success rate

In British Columbia, 89% of said cases resulted in a full settlement or a partial settlement.

FAQs

Have a question about separation agreements? Check out our frequently asked questions. For more, see the full list of FAQs, or connect with us.
What is a separation agreement?

Negotiating a separation agreement involves a less formal process than collaborative law and typically involves two lawyers communicating on their clients’ behalves about the financial and parenting issues that arise on separation. If there are certain issues one or both spouses will likely not agree on, the parties can litigate those issues, or hire a mediator to help resolve them. If spouses reach agreement on all outstanding issues either with our assistance or on their own, we will prepare a separation agreement that sets out the terms agreed upon by the spouses.

Why should I consider a separation agreement?

Like a collaborative approach, depending on you and your spouse’s ability to settle your differences, there are both financial and emotional advantages to negotiating your family law issues through a separation agreement, when compared to both litigation and mediation. The key difference from the collaborative law process is that neither of you make any promises to the other about how you will behave during the negotiation.

How do I know if a separation agreement is the right option for me?

Whether negotiating a separation agreement is the right approach for you will depend on how quickly you believe you and your spouse can reach an agreement on your issues, how willing you are to disclose the information necessary to reach a settlement, and how patient you can be if there are bumps in the road.

Other family law services

In our experience, we work best with clients who wish to de-escalate conflict and take a constructive approach to resolving their family law issues. Such a mindset can reduce the stress that often accompanies separation and divorce and will help preserve your health and well-being so that you can thrive post-divorce.

Connect with us

If you have questions about our process or family law in general, please feel free to refer to our FAQs or you can give us a call.