Some couples may have only one problem to solve and the usual type of separation agreement is not necessary. People who are only parents and who have never been married or lived together might want a parental agreement that talks about parental responsibility and the granting of parental leave. Couples, including unmarried spouses, who have lived together for less than two years and only have to deal with family allowances and/or alimony, may wish for a support agreement covering one or both issues. Couples who only have to figure out who keeps what property and what debts may want a simple separation agreement that only deals with the property. A term under the Family Act that refers to property acquired by one or both spouses during their relationship and after separation, when purchased with family property. Both spouses are deemed to have the right to divide the family patrimony equally. See “Excluded property". So the quintessence is to keep a copy safe. Do not submit your agreement to the state and if you need for any reason, use a memorandum of understanding instead of the separation agreement if you want to add something in the public recording. This is what you do with your separation agreement. The spouse`s allowance is paid by one spouse to the other to cover the daily cost of that person`s living.
A separation agreement providing for the payment of assistance to spouses should be negotiated taking into account all the things that the court would have considered in the spouse`s order. The way a separation agreement can handle the division of family property and family debt is virtually unlimited. Under the Family Act, any spouse may retain the property he or she has introduced into the relationship and participate in the property purchased during the relationship. It is considered that the spouses are half responsible for all debts contracted during the relationship. However, you may make any other arrangements you wish, as long as you both agree to these agreements and they are reasonably fair. The advantage of a settlement record lies in the fact that the protocol may in itself be the only evidence of the written agreement of the parties, while the form of a draft approval decision, which may reflect the agreement of the parties, still needs to be approved by the Tribunal. In addition, where the terms of a draft approval decision are controversial, there may be no evidence of the agreement — as provided for in the minutes of settlement — that a court can use to decide the case. Note that the courts rarely maintain, if at all, an agreement that attempts to counteract from a legal obligation. Family allowances, for example, are a positive, almost absolute, obligation that one of the parents has towards his or her children. The court will not be bound by an agreement that a person never has to pay family allowances. If you can agree on the amount and duration of spousal support and this is fair and appropriate for both parties, it is likely that the same support agreements will be included in your divorce decree. Note that if you and your spouse agree before meeting with your lawyers on a solution for all the main issues of the type separation agreement, you can pay less attorney fees.
This could be a possibility in less complicated separations, such as those of a short-term marriage without children. . . .