Experienced Separation Agreement Lawyers in Vancouver
Our team of separation agreement lawyers at Thomas and Associates are highly experienced in the practice of law during separation and divorce.
Few families can navigate the process of divorce or separation without help. Our comprehensive family law practice includes drafting separation agreements. We help parents in the negotiation of care arrangements for children, property division and support. When custody, access or support arrangements need to be revisited due to a change in family circumstances, we provide relevant advice and advocacy.
What is a Separation Agreement?
A separation agreement is a written agreement that sets out how issues related to the breakdown of the relationship will be resolved. Our separation agreement lawyers will explain your legal rights and then help negotiate the terms of the agreement. If the couple decides to divorce, the separation agreement can be used as the basis of the divorce order.
Our separation agreement lawyers aim to ensure that the separation agreement deals with issues that relate to your children.
A separation agreement typically will contain clauses related to all major aspects of a divorce. Specifically, the agreement will cover:
- Child custody and access arrangements
- Child support, including provisions for special and extraordinary expenses
- Spousal support
- Asset division, including household debts and liabilities
Once an agreement is signed, it can be turned into a court order to ensure its enforcement. In the years following divorce, some aspects of the agreement such as child custody, access and support may be renegotiated. Our separation agreement lawyers will work with you to help you achieve a feasible agreement prior to divorce, and we can represent your needs and those of your child in the event reassessment is necessary.
Benefits of having a lawyer draft your Separation Agreement:
A separation agreement is an important and legally binding contract between spouses. People assume significant responsibilities and give up significant legal rights in separation agreements. In British Columbia, the courts have stated that each party signing a separation agreement should receive independent legal advice prior to signing the agreement.
Other Legal Matters That Are Included In a Separation Agreement:
Agreements Dealing with Spousal Support: In addition to child support, spousal support may be paid. This is sometimes referred to as “alimony”. Our team of separation agreement lawyers will advise and determine if spouse support is payable. They will also determine for how long such payments are payable. Once agreed upon, this will be included in the separation agreement.
Dividing Matrimonial Property: Separation agreements drafted by our lawyers should deal with all the assets, or matrimonial property, owned by the separating couple. The agreement should contain a clear and well drafted list of which items will belong to which spouse. It will also deal with how any properties that need to be sold will be dealt with. For example, will the matrimonial home be sold? Further, it will say who will be responsible for the sale and how the net funds will be divided.
All Matrimonial Debts: Much like all assets, all debts should be set out and apportioned. The parties will need to agree whether one spouse will assume a particular debt, or whether it will be paid from joint funds before the assets are divided. Sometimes debts are paid out from the sale of the matrimonial home. Our team of separation agreement lawyers also set out in the agreement how debts that each individual incurs after separation will be dealt with.
Pensions, RSPs, RESPs other retirement income: The separation agreement will also set out how retirement income sources will be split. Your separation agreement lawyer will help you understand how these investments can be divided between you and your spouse.
Why Choose Thomas and Associates?
In British Columbia, there is an increasing emphasis on achieving negotiated solutions in family law. Our separation agreement lawyers at Thomas and Associates offer this service. When we negotiate a separation agreement on your behalf, you can feel confident that we are doing so based on our knowledge of what is fair and what will be a sound solution for your family in the long term.
We work collaboratively within our team to maintain a client-focused legal practice. We listen to your specific concerns and suggest legal solutions to meet your needs.
Our separation agreement lawyers have combined experience of over 38 years. This experience has prepared us to be effective advocates; it has also contributed to our commitment to offering non-adversarial options to our clients. We remain current with new trends in the law that can help our clients to meet their legal goals efficiently.