Preparing Your Separation Agreement

Once you and your spouse have come to an oral agreement that satisfies both parties, it's time to finalize it using a separation agreement template. Here's a step-by-step guide to help you through this process, ensuring your agreement is legally sound and clear:

• Add Your Custom Terms: You can include any specific terms you want in the agreement. Just make sure they are clear and make sense. The terms should describe what is intended accurately.

• Provide Full and Accurate Information: Names, addresses, and dates must be complete and accurate. Ensure there are no errors in this crucial information.

• Remove Inapplicable Clauses: If there are any clauses that don't apply to your situation, cross them out with a line. Both you and your spouse should initial these deletions on all copies of the document.

• Honest Disclosure: Be completely transparent about all your assets and liabilities. Failing to disclose an asset can jeopardize the validity of the agreement.

• Clarity and Understandability: The agreement must be clear and understandable to someone who isn't familiar with your situation. Remember, a judge may need to interpret it in the future, so the terms should have only one clear meaning. Having a friend review it can help, but if you're still unsure, consult with a lawyer in Canada.

• Seek Legal Guidance When Unsure: If you encounter a clause or issue that you don't understand, take the time to investigate. Don't agree to anything that you find confusing. If uncertainties persist, consult with a lawyer.

• Amending Your Agreement: You can make additions or changes to your agreement at any point. However, these amendments should be legible, sensible, and clearly worded. Both parties must initial any changes for them to be valid.

By following these steps and ensuring your separation agreement is clear and complete, you can have confidence that your agreement will stand up legally and serve its intended purpose.