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Old 07-14-2020, 12:29 PM
Tbaga Tbaga is offline
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Quote:
Originally Posted by Elomelo8387 View Post
What are some points you are glad you put in your SA or wished you had put in? I am sure this topic has been discussed so any attachment to threads appreciated. I would like to have as much detail as possible and avoid future vague interpretation issues.
Here are what I think the most important steps to follow.

1. When writing terms of agreement always ask the question how these terms will hold up when challenged in the Court.

2. Spousal terms of agreement must be detailed, fair and most importantly follow the divorce act and family law act very closely. Clauses or paragraphs in separation agreement must follow the relevant sections in both Acts. To have your lawyer getting the best "deal" for the client, while not observing fairness will result in the terms of agreement easily challenged in the future, and courts setting the agreement aside.

2. When writing the terms of child custody and support always link to the best interests of the children principle. That is always the winner in courts no matter what arrangement was agreed on.
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