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Divorce with or without separation agreement

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  • Divorce with or without separation agreement

    Hello
    My ex and I are less than a month away from our year of separation.
    She is doing it all on line, we will not use separate lawyers. We are very friendly and always will be.
    We both want it done ASAP so I suggested just sending in the divorce info without the separation agreement so there are no snags.
    She is doing all the paper work and wants to send the agreement in with the divorce papers, says it's better that way to get it all done.
    I wanted to keep the agreement as a separate document in case they want all kinds of documentation regarding finances and that would slow things down. Our agreement is from on line and we did sign it and have it witnessed almost a year ago. It is a bit strange in that she let me keep most things but I owe her a sum of money that she stipulated in the agreement I could pay back as I am able.
    She tells me a judge will not concern him or herself with this and not try to change anything or ask for more detail since we are both in full agreement and no one was under duress and we understood what we were doing.
    My question is, is there a chance of slowdown due to the agreement going in with the divorce documents or is this the best way to go about it.
    What way is better to keep then separate or put divorce and separation agreement in at same time. I just don't want to end up having to supply all kinds of info regrading the agreement so thought it's best to just get the divorce and let the agreement sit on it's own.
    Thank you for any advise

  • #2
    If there are no kids involved, you don't need to have a signed SA to go with an uncontested divorce application.

    If you have kids, the judge might ask for written agreement that deals with custody and access related matters, and of course, the child support.

    Personally, I would advise a written agreement signed with the help of independent lawyers. It might cost a few hundred dollars now but might save you a lot of headaches later on.

    Comment


    • #3
      We both want it done ASAP so I suggested just sending in the divorce info without the separation agreement so there are no snags.
      Who is in a rush to get remarried?

      The divorce act provides remedies you may wish to access if the agreement does not settle in accordance with your wishes.

      I wanted to keep the agreement as a separate document in case they want all kinds of documentation regarding finances and that would slow things down.
      As long as the children are being adequately supported you are free to contract however you please.

      Our agreement is from on line
      Uh oh.

      and we did sign it and have it witnessed almost a year ago.
      No ILA, made shortly after separation?

      It is a bit strange in that she let me keep most things but I owe her a sum of money that she stipulated in the agreement I could pay back as I am able.
      Equalization payment.

      She tells me a judge will not concern him or herself with this and not try to change anything or ask for more detail since we are both in full agreement and no one was under duress and we understood what we were doing.
      If neither of you are complaining you can contract howsoever you like, so long as your children (if any) are provided for.

      is there a chance of slowdown due to the agreement going in with the divorce documents
      Only if there are children not being adequately supported.

      Comment


      • #4
        Thanks all. There are no children. We are in our 40's and fifties and it was a 7.5 year marriage. We don't need independent counseling because we have no disagreements.
        Mostly I just don't want to get all kinds of documents involved.
        It seems like if we are in agreement no one will dispute it. That's
        good.
        I would like to know if there is any benefit to putting the document in with the divorce as opposed to not putting it in with it.

        Comment


        • #5
          Originally posted by Friendly View Post
          Thanks all. There are no children. We are in our 40's and fifties and it was a 7.5 year marriage. We don't need independent counseling because we have no disagreements.
          Mostly I just don't want to get all kinds of documents involved.
          It seems like if we are in agreement no one will dispute it. That's
          good.
          I would like to know if there is any benefit to putting the document in with the divorce as opposed to not putting it in with it.
          You DO need independent legal advice on your agreement, otherwise it can easily be disputed later if someone changes their mind about agreeing. The idea is that for the agreement to be valid, you have to be fully aware of what you are signing, and the independent legal advice ensures that two lawyers have explained it all to each of you. The fact that you think some parts of it are a bit strange means that you might not necessarily have fully understood it, and the fact that she did all the work means that there may be inequities and consequences in it that you don't realize.

          Get your independent legal advice, get the agreement legal, attach it to the divorce application.

          Comment


          • #6
            I thought on here someone said that you do not need ILA (but it is always a good idea to have a lawyer look it over.

            There are no kids and a short marriage so there shouldnt be too many issues.

            Comment


            • #7
              Originally posted by standing on the sidelines View Post
              I thought on here someone said that you do not need ILA (but it is always a good idea to have a lawyer look it over.

              There are no kids and a short marriage so there shouldnt be too many issues.
              Just equalization needs to be resolved. A divorce could be ordered severing the equalization but, that would require agreement by both parties to do so and an affidavit filed jointly by both parties stating that they are severing the issue and are in agreement to the filing for divorce.

              If you try to file uncontested and the other party has to respond and can oppose the filing and then an Application would be raised and issues would go straight to court generally.

              Settlement on all issues prior to filing for divorce is always the best way to proceed.

              Good Luck!
              Tayken

              Comment


              • #8
                Thanks all
                We are at the point of just sending all in. I'm happy and so is she with the agreement. We deliberately went this way to save money and because we care about each other. I just wanted to know if entering both would possibly slow things down. It's clear now that no one would question the agreement if we are OK with it.
                Thanks for all the help, the question has been answered.

                Comment


                • #9
                  I thought on here someone said that you do not need ILA (but it is always a good idea to have a lawyer look it over.
                  ILA is not a requirement to make the contract valid. However, a lack of ILA is often a factor in the courts throwing out an agreement.

                  Comment

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