If you`re considering a separation from your spouse in New Brunswick, there are many legal steps you need to take in order to protect your rights and ensure a fair outcome. One of the most important of these steps is creating a separation agreement.
What is a Separation Agreement?
A separation agreement is a legally binding contract between you and your spouse that outlines the terms of your separation. This agreement can address issues such as property division, spousal support, child custody and access, and child support.
Why is a Separation Agreement Important?
A separation agreement is important because without one, there may be confusion and conflict about what each party is entitled to. It`s also important because it can help you avoid the expense and stress of going to court.
What Should Be Included in a Separation Agreement?
The specifics of what should be included in a separation agreement will depend on your unique situation. However, there are a few key elements that should be included in every separation agreement:
1. Division of property: This should include a list of all assets and debts and how they will be divided between the parties.
2. Spousal support: If one party is entitled to spousal support, this should be outlined in the agreement.
3. Child custody and access: This should include a schedule for when each parent will have the children and how major decisions will be made.
4. Child support: This should outline how much child support will be paid and by whom.
How to Create a Separation Agreement?
It`s important to work with an experienced family lawyer to create a separation agreement. Your lawyer can help you negotiate the terms of the agreement with your spouse and ensure that your rights are protected.
Once the agreement is finalized, it should be signed by both parties and their lawyers. It`s also important to make sure that the agreement is filed with the court so that it can be enforced if necessary.
In conclusion, if you`re considering a separation from your spouse in New Brunswick, it`s important to create a separation agreement. This agreement will help to protect your rights and ensure a fair outcome. Work with an experienced family lawyer to create an agreement that works for you and your spouse.