What are the Advantages of a Separation Agreement? Vancouver BC Family Lawyer Answers Your Questions


What is a Separation Agreement?  A separation agreement is a written binding contract of how a couple, common law or married, have settled the issues arising from the end of their relationship.  In British Columbia spouses are separated pursuant to the BC Family Law Act, if a spouse has communicated to the other spouse that he or she had decided that the spousal relationship has ended and even if the spouses are still living in the same home.  If you have separated, and if you have children, assets, debts, pensions, businesses or need financial support, it is best to have formal written agreement.  Separation and separation agreements have a serious and long-lasting impact on your legal rights and obligations and those of your children.  Therefore you should have an experienced family lawyer help you negotiate and prepare your separation agreement.  Your lawyer will help you negotiate a settlement with your estranged spouse and will explain the meaning and legal effect of the agreement and how the agreement impacts you and your estranged spouse.  Both spouses cannot use the same lawyer and your estranged spouse and you should each get your own lawyer to satisfy the requirement that each spouse has had independent legal advice. Failing that, you and your spouse will have enter into the court system where you will litigate your legal issues at numerous public hearings and obtain multiple court orders.

What are the Advantages of a Separation Agreement?  If you retain Marla Gilsig, Family Lawyer, there are numerous advantages for you choosing the separation agreement process.  Ms. Gilsig will ensure that  you know and understand what you need to know to make informed, educated decisions and make the most productive actions.  Your separation agreement will be customized to your family, financial, legal, tax and estate circumstances.  Ms. Gilsig’s discreet and strategic advice will help you successfully negotiate a separation agreement that preserves your extended family and co-parenting relationships.  Your separation agreement will be far less costly, more comprehensive and provide better protection than court orders because Ms. Gilsig will help you cost-effectively, explore all the options for resolving your family matter.  Your separation agreement will be created much faster than if you participate in the complicated, time consuming, adversarial court process.  You and your estranged spouse will decide how to resolve the issues as opposed to a Judge imposing a decision upon the two of you.  Ms. Gilsig like many family law professionals has found that estranged spouses by participating in the negotiations and drafting of the agreement are more likely to adhere to a separation agreement than court orders.  Your transition through separation and divorce will be a healthy one for your whole family because you will supported by Ms. Gilsig and the other professionals in her network.  

What are the Next Steps?  There are important time limits in separation and divorce for such things as applying for spousal support and/or dividing assets, debts and pensions, which can affect your legal and financial outcomes.  You should consult a family lawyer when you separate and ideally before you separate.

Book a Consult with Marla Gilsig, Family Lawyer, by sending an email to [email protected]