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separation agreement and long separation

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  • separation agreement and long separation

    Hi,
    I'm looking for information regarding general practice on separation agreement in an uncontested divorce.
    We've been separated for about 3 years but still live together (we have a son to educate). We divided out assets and agreed upon household/child expenses at that time. Other than that, we live financially independently.
    We also going to proceed living together for a while.
    We try to explain this situation in the separation agreement.
    My question is what could be circumstances at which a court disregards our agreement and enforces it's own numbers on CS and SS, orders accounts check, etc?Does a reasonable agreement content means anything for a judge?
    We cannot afford lowers, but all other formalities will be fulfilled (like witnesses).
    Appreciate your help.

    Thank you

  • #2
    I always thought that the table amounts for CS were used and not whatever the two parents come up with. I am probably wrong on this.

    By the way congrats on having what seems to be a dream divorce. If only more couples could act like the two of you. My hat is off to you for going about this in the most mature and sensible way.

    Comment


    • #3
      The CS tables were put into place when neither party could agree upon the amount due.
      There is not set rule that the parties cannot agree upon a different amount, similarly with all other issues.
      The only time that a court would look at an agreements validity would be if one party felt that it was not fair and they wanted to change something but the other party would not.

      I copied this from one of LV’s posts.
      ________________________________________
      The separation agreement can be set aside and may not be considered legal and binding by the court if:

      Firstly, full and complete financial disclosure does not occur between the parties;

      Secondly, each party did not seek independent legal advice; and,

      Lastly, the Separation agreement is not witnessed properly.

      _______________________________________________
      Thanks LV

      Comment

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