Resolution Precedents For Separation Agreements

Individuals who are already married or enter into a life partnership can enter into a written agreement in which they outline what they intend to do with their money, property and other practical issues arising from their current or planned separation. This written agreement is called a separation agreement. Separation agreements are usually made by separate parties who, at this stage, do not wish to divorce or break up their life partnership, perhaps for religious or practical reasons. The legislation relating to these agreements stems from the usual divorce laws, as well as from a 2010 Supreme Court (Radmacher/Granatino) decision in which the Court stated: “The court should make effective a marriage agreement freely concluded by each party with a full assessment of its effects, unless, in the prevailing circumstances, it is not fair to hold the parties to its agreement.” This document contains general guidance on separation agreements. Your family lawyer can give you specific advice depending on your circumstances. Below is a list of some of the topics covered in the Continuing Legal Education Society of BC (CLEBC) Family Law Agreements: Annotated Precedents (CLEBC), an online resource much more detailed than our guide to separation agreements. A separation agreement is a contractual agreement between the parties to a marriage or life partnership that materializes with: marriage contracts become a daily part of the workload of many family lawyers and, recognizing this growing role, this guide on relations with them has been revised. If these agreements are not a fundamental pillar of your practice, it is important that you consider ordering specialist consultants to give an opinion on the content of the proposed agreement, review the advice you have given or develop the agreement yourself. The CLEBC manual contains many other precedents (examples) that you can use in your separation agreement. It also contains detailed explanations for many legal areas that are not addressed in our guide. For $250, you can get a one-year subscription for this online resource.

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