Posted on November 25, 2013 · Posted in Blog

Separation Agreement Preparation Kelowna

There are two basic pieces to ending a relationship for a married couple: 1) agreement to the terms of separating (preferably in writing,) and 2) getting the divorce papers. Getting the divorce papers should be easy if you’ve resolved all of your issues.

separation agreement preparation kelowna discuss

A separation agreement or a settlement agreement is a written contract which captures the terms of settlement of the issues at the end of a relationship – married or common-law. To ensure a durable, long-lasting agreement, we recommend three critical components:

durable separation agreement pyramid

1. Fairness
2. Financial disclosure – do not hide anything, and
3. Independent legal advice (ILA) at the end of the process – this adds another layer of protection for you.

You may have heard the term “legal separation.” People using this term usually mean that the spouses have a written document, a family contract between spouses that outlines, point by point, issues like:

1. Child and/or spousal support payments,
2. Parenting time and parenting arrangements for children,
3. How to divide marital property, i.e. family home, investments, etc.
4. How to divide debt: mortgages, lines of credit, credit card bills, etc.

When two people end a relationship, each person has rights and responsibilities that can be settled by agreement, and if not by agreement, then by a judge. However, the latter option is probably the last one you want. Why have a judge, a total stranger, who knows nothing about you and your family, make binding decisions on how you’re going to live the rest of your life?

At Kelowna Divorce, we help you negotiate what is in the best interests of yourself and your family. You both maintain control and your agreement is tailored to meet your specific needs and circumstances. We are a neutral mediation team who do not take sides, and when you leave Kelowna Divorce at the end of your process you will leave with a Separation Plan that will stand the test of time, and which you both believe to be fair.

An important note: For mediation to work, you and your spouse should have a basic amount of mutual trust, desire to be fair, and each party must have certain flexibility and willingness to compromise if required.

We have also written an article on what legal separation agreements in British Columbia are, and how you make a legal separation agreement. We always recommend considering getting legal advice after mediation. You can find it by clicking HERE.

On the Doorstep of Divorce, or do you need help in Rebuilding After Divorce?
Give us a call at 250.707.0928, or request a consultation.

divorce mediation kelownaAbout Kelowna Divorce Mediation Services

We are not expensive lawyers; we are family divorce mediators and rebuilding coaches.  Our boutique divorce mediation firm has become Kelowna’s first choice when dealing with separation and divorce, and beyond. It is possible to reduce stress, time and conflict. Our mediation and rebuilding models educate and empower our clients, so that when you leave you have a document that will stand the test of time, and a process for rebuilding your life.

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