Separation agreements are agreements that deal with the disentanglement of ties between two parties. A separation agreement may deal with all the issues that arise from the breakdown of the relationship, including custody and guardianship of the children, parenting arrangements, child support, spousal support, division of property and debt. Separation agreements can be reached through negotiations between the parties directly, negotiations between the parties’ lawyers, mediation, and other dispute resolution mechanisms.
The courts have the power to set aside or replace a separation agreement if it is found to be significantly unfair. It is best that each party obtain legal advice while negotiating the terms of a separation agreement and certainly prior to signing one.
We have extensive experience in negotiating and drafting separation agreements that deal with all issues arising from the breakdown of the relationship, including the anticipation of new issues that may arise over time. In representing our clients, we are mindful of such factors as power imbalances between the parties and how the agreement will operate in the long term, given the changing needs of the children and potential changes in the circumstances of the parties. Each separation agreement in which we are involved is tailored to the individual needs of our client.