{"id":1821,"date":"2020-03-13T11:00:43","date_gmt":"2020-03-13T18:00:43","guid":{"rendered":"https:\/\/www.dreyerandassociates.ca\/?p=1821"},"modified":"2023-04-05T13:31:43","modified_gmt":"2023-04-05T20:31:43","slug":"can-you-do-a-separation-agreement-without-a-lawyer","status":"publish","type":"post","link":"https:\/\/www.dreyerandassociates.ca\/resources\/can-you-do-a-separation-agreement-without-a-lawyer\/","title":{"rendered":"Can You Do a Separation Agreement Without a Lawyer"},"content":{"rendered":"

A <\/span>separation agreement<\/span><\/a> is a legal contract between two spouses that defines how the couple will go about issues related to their separation. It is typically ideal for separating couples who are able to remain unified with the conditions that would be set out in the agreement.<\/span><\/p>\n

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What does a separation agreement do?<\/span><\/h3>\n

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This type of agreement is designed to help couples who are separating address issues on living arrangements, the division of property and assets, as well as child custody and spousal support.\u00a0<\/span><\/p>\n

The value of a separation agreement is its tendency to bring people together in working towards a common goal. This is especially true when children are involved. Separation agreements allow you to resolve issues outside of the courts, which usually offers greater freedom and flexibility when it comes to decision making. The alternative is the courts making these decisions for you, which oftentimes may not yield your ideal outcome.<\/span><\/p>\n

Additionally, by comparison, the costs of going to court versus a separation agreement are usually significantly higher. Separation agreements can offer greater control over the separation process while the court process tends to drive people apart.<\/span><\/p>\n

While you don\u2019t need this agreement to separate, the benefits of creating one are that it provides clear navigation in regards to what this process looks like and will typically be a much faster and less expensive alternative as opposed to settling issues by going to court.<\/span><\/p>\n

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Is a separation agreement legally recognized?<\/span><\/h3>\n

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Most courts will recognize separation agreements as long as they are fair, reasonable, and properly executed.\u00a0<\/span><\/p>\n

With this in mind, if a separation agreement is not completed properly or the terms set out in the agreement are plainly unfair, lack full financial disclosure, or are not in the best interests of any children involved, then <\/span>the court may refuse the separation agreement<\/span><\/a>.\u00a0<\/span><\/p>\n

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Can I complete a separation agreement on my own?<\/span><\/h3>\n

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The short answer is yes. A separation agreement can be completed on your own <\/span>without a lawyer involved<\/span><\/a>.<\/span><\/p>\n

While this may seem easiest at first, it is important to remember that each separation is unique, which could add additional layers of complexity to the agreement. If not completed properly, there are several risks involved:<\/span><\/p>\n