Not exact matches
Entering into a
separation agreement is a life - changing
decision, but our attorneys have extensive experience
in this area, and we will provide you with the legal guidance you need to make sure you get it right.
As an expert
in divorce law, I guide your discussion so that your
decisions can be included
in a formal Massachusetts divorce
separation agreement, but all
decisions are ultimately yours.
One aspect of this was a series of Board
decisions finding that when employers sought to include broad confidentiality provisions
in private settlement and
separation agreements with employees that restricted the employees» ability to disclose the terms of such settlements to others, including employees, they were impermissibly restricting employees» ability to act together with other employees concerning terms and conditions of employment.
In Doucet v. Doucet, a 2016
decision of the Ontario Superior Court of Justice, the Court concluded that the spousal and child support provisions of the parties»
separation agreement were unenforceable.
A recent BC Court of Appeal case of Harras v. Lhotka allowed an appeal by a husband of a
decision using his 3 year average of income instead of the 5 year average agreed to
in a
separation agreement.
It should be noted that while
in this case, the support and insurance provisions were
in a court order, the
decision should equally apply to terms of a
Separation Agreement.
In separation by
agreement, the spouses make
decisions about property, finances, insurances, child custody and visitation, and monetary support.
However, if the couple decides to try to work on the marriage at some point, then the
decisions set forth
in the
separation agreement are no longer upheld unless the couple enters into another
separation period
in the future.
In D'Andrade v. Schrage, a recent
decision of the Ontario Superior Court of Justice, the court tackled the question of how much personal disclosure is required whenever spouses negotiate their
separation agreements, specifically whether they are obliged to disclose the existence of an extra-marital affair.
On the other hand — and perhaps surprisingly —
in the Saskatchewan
decision of Myrden v. Myrden Estate a provision
in a
separation agreement stipulated that support would be «paid by the husband to the wife for life».
Mediation Services (for the 20 % of today's families who need help making
decisions): Half of the families who regularly use family court systems are mostly seeking minor assistance
in making their
separation plans (marital settlement
agreements) and don't really need a judge.
The marital
separation agreement often includes
decisions such as the division of property and other assets, alimony or maintenance payments, debt division, and which spouse is allowed to live
in the family home.
Child custody is one of the most important
decisions you'll need to make
in your
separation agreement.
If you don't want to leave this
decision up to the court and risk an uncertain outcome, it is best to make this
decision together and outline the specifics
in your
separation agreement.
If you do make a rash
decision and «give away the store»
in your
separation agreement, this haphazard
decision may be irreversible and could cause you financial ruin.
No «hard core»
decisions as to how marital assets should be equitably distributed should be made
in the
separation agreement.
In essence, my job is to facilitate dialogue between you and your spouse so you can make
decisions about your
separation agreement.
In the event of a
decision to separate or divorce, the mediator will also prepare a Voluntary
Separation and Property Settlement
Agreement, if so chosen.
It generally involves a trained mental health or legal professional who assists parents
in making
decisions about their parenting schedule after the big parenting plan
decisions (like custody) have been made
in the
separation or divorce either by
agreement or by a judge.
Parenting
decisions as well as personal and financial issues can be included
in a
separation agreement.
I document the
decisions parents make
in a comprehensive written parenting plan which then is incorporated by attorneys into an overall
separation agreement.
Usually the
decisions made result
in a
separation agreement written by the mediator, and later signed by the parties and submitted to the Court.
In my mind, using an online
separation agreement form is not necessarily a bad
decision.
Alternatively, if you are not ready to get a divorce within the time frame described above and you wish to wait longer before obtaining your divorce, you would have all your
decisions included
in a Legal
Separation Agreement that you would both sign.
Your child's educational needs may change
in the future, and addressing educational
decision making
in your
separation agreement can ensure a smooth transition
in the future.
Making the
decisions in your divorce can allow you to tailor your
separation agreement to suit your needs and lifestyle.