A separation agreement is a legal documentation for people who foresee ending their marital relationship. The document contains the agreement on fairly dividing assets, finance, child support, and other responsibilities while separated but not wholly divorced.
And a common question people going through this phase asks is – do you need a lawyer for a separation agreement in Saskatchewan?
The answer is both yes and no. You need the help of a family lawyer to settle all your arguments with your partner and prepare the documents correctly. However, if you feel confident and do not wish to hire a lawyer, you can write the agreement and present it before the court.
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Why should you consult a lawyer in Saskatchewan?
Even though you are allowed to write the agreement, it is better to consult a skilled divorce lawyer in Saskatoon. Since most people are unfamiliar with the legal terms and conditions, your document may have some loopholes you will not even realize.
A separation agreement contains the following statement. Skip through the reasons once, and you will understand it is not an easy task to complete the whole process without the help of an experienced lawyer.
Also read: family law
Spousal support or alimony:
Spousal support or alimony is not for every couple. Suppose a couple’s lifestyle prevented one of them from working or earning money by sacrificing their career. In that case, the other spouse may agree to provide a certain amount of money for a certain period.
You need the help of a lawyer when it comes to spousal support. Your lawyer has the knowledge you need to calculate the amount of money you can demand as the alimony. Remember that the numbers you will provide in the agreement as money and length of time for the alimony will be included in the final divorce documents.
When people are in a marital relationship, they tend to purchase properties together. And diving into the properties is one of the main issues people struggle with when writing a separation agreement.
It would be best if you kept in mind that writing your separation agreement is not the same as writing a grocery list or a letter to your friend. Only experienced lawyers can help you do the calculation and demand for the asset that you deserve.
Child support or custody:
A separation agreement also helps couples figure out their lifestyle if they divorce. In Saskatchewan, couples who think divorce can hamper their relationship with their kids prefer to live separately while still being married.
In this situation, a separation agreement can help immensely. Both the parents have the opportunity to practice the healthy way of spending time with the children separately, take any important decisions about their children’s lives, or split the educational or healthcare expenses.
Determining these factors is not hard when you are a couple. However, if you do not feel comfortable meeting with your partner or discussing the issues about your children, a lawyer can be there to help by being the middleman.
A lawyer determines the following factors in child support:
- Child support amount
- Payment dates
- Child’s life and health insurance
Debts and taxes:
Most people consider living separately rather than getting a divorce because of the benefits they can get on taxes and debts. Debts and tax returns become easier to pay when the couple decides to share.
If the couple decides to split Car purchase expenses, mortgage, credit card bills, and other expenses, they can include the facts in the agreement.
However, consulting a family law firm is the best way to do that. The law firm’s professional accountant will ensure that both partners manage all expenses equally.
Another complicated factor in divorce or separation is tax. After consulting with your lawyer, you can include the facts on how you want to deal with the tax returns and annual filing.
What will happen without a lawyer?
If you do not hire a lawyer, you may struggle with the following facts.
- During the separation process, the emotional stress may prevent you from making the right decision. You may ask less or more than you deserve, eventually affecting the final divorce arrangements.
- Your lawyer’s suggestion is necessary to add or eliminate phrases or clauses that you wouldn’t even think of while writing it on your own.
- In the worst-case scenario, your partner may raise an issue about a specific clause or condition. Being a person without legal knowledge, you will not be able to fight back, and the chances are that you will lose your share of the asset or alimony.
We hope you understand why you need a lawyer for a separation agreement in Saskatchewan. If you are worried about the fees, you can always seek aid and free consultation services. But replacing your lawyer’s suggestions with your views will not help you win the case or reach a successful agreement.