As part of the separation agreement, you and your spouse can decide on a number of important issues, such as child care. B and custody of spouses (dependants). As with other marital agreements, a written separation agreement clearly defines the rights and obligations of you and your spouse, both during and after separation. If one spouse does not meet the obligations of the separation agreement, the other spouse may enforce the separation agreement in court. People choose to separate because of separation on the basis of religious beliefs, the desire to keep the family together legally for children, the need for a spouse to keep health insurance benefits that would be lost with a divorce, or a simple aversion to divorce despite the desire to live separately. Some people have been living very happily for many years in a state of separation. (If you are considering a separation instead of a divorce in order to retain insurance benefits, check the insurance plan before making the decision. Some see a separation as the same as a divorce at the end of health care for the same.) In rare cases, you can opt for a separation (also called judicial separation). The development of a separation agreement requires a great deal of skill and a good understanding of family and contract law.
Although kits are available to assist you in the development of an agreement, I strongly recommend that you call in a lawyer to deal with the issue if the content of your agreement is far from simple. Also note that the courts can maintain a verbal agreement if, as in Thomson/. Young, 2014 BCSC 799, there is evidence that both parties clearly understood the essential terms of the agreement and intended to be bound by those conditions. But there are often disagreements between the parties as to whether an oral agreement should be final and binding, so it is preferable to confirm oral agreements in a written separation agreement. A separation agreement gives you the opportunity to solve problems, slowly and over time, without the pressure of a divorce action over your head. Once a divorce action has been initiated and included in the court calendar, you and your spouse must attend court conferences and meet certain deadlines. This pressure will be avoided if you sign a separation agreement.