If you and your partner have been separated for two years and are satisfied with the terms of the separation, the agreement can serve as the basis for a divorce if you want to proceed. It can be considered as a draft proposal for an order to be submitted to the court in the event of divorce. A separation agreement is a contract and is subject to the usual rules of contracts. Those who sign it should consider it an important document to be respected. Both parties should be provided with independent legal advice prior to signing and be completely honest in order to avoid any subsequent allegations of fraud. A court decision or approval decision is a legally binding order made by a family court after reviewing an application for an asset transaction. The court must accept that the outcome is fair and equitable before making a decision. When a lawyer designs the agreement, it is ensured that the terms are clear and concise, making it easier for lawyers on both sides to verify and provide a certificate of counsel. For most couples, divorce is the last outstanding topic after all other issues – such as custody and wealth distribution – have been resolved through a separation agreement. You can find information on how to deal with divorce – or the actual separation of the agreement – on our divorce site. If you and your spouse decide to live separately and separately, but you don`t want to divorce, you can make a separation agreement. A separation agreement is a written agreement that you and your spouse voluntarily sign without involving the court.
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