Contact a lawyer now

Legal Separation Agreement in Saskatchewan

Legal Separation Agreement in Saskatchewan Featured Image

Dealing with a family problem is not pleasant at all. At a time like this, it’s very important to complete the legal issues properly so that no hardship will arise in the future.

A separation agreement in Saskatchewan is something that can help you to avoid any complications. So, do you want to know about this in detail?

Okay, let’s start.

What is a Separation Agreement?

As a couple, if you agree not to live together anymore, you are officially separated. No court order is necessary for this. However, according to Saskatchewan’s divorce law, you have to be separated for one year to be eligible to file a divorce. And this is where the legal assistant comes.

In other words, a separation agreement is a written agreement that you and your spouse sign voluntarily. It captures all the decisions that you and your wife make.

You might ask now why you even need this document, right? Well, I’m going to answer that in the next section.

Why Legal Agreement for Separation is Important?

Sad but true, the next step of separation is divorce. As I told you, this document is important for divorce applications or divorce certificate. Even if you are not married but have children and other assessments together, this document is necessary.

The agreement clearly states the following things.

  • Child custody and child support
  • Property and debts division
  • Spousal support
  • Other crucial factors that need to be settle

Practically, there are two ways you can prepare this document. You may create the papers by yourself or hire a lawyer.

And hiring a professional lawyer is the best way since the separation phase is already hard, and you may not like doing all this. Moreover, you can easily make mistakes that will lead to further complications.

When You Need a Separation Agreement?

You can proceed with one if any of the following criteria will match with you.

  • If you and your partner are not ready for the divorce yet but don’t want to live together either. At that time, this agreement will let you live independently with a fair share of responsibilities.
  • You are already determined to terminate your relationship and know how exactly you want to take over your responsibilities. Then without involving the court, you and your spouse can take all the decisions and later inform the court.
  • The last one is a bit unfortunate, but sometimes, couples are forced to be in a marital relationship due to religion or other unavoidable circumstances. If you are in a situation like this, you can go for a marital settlement agreement. This one will help you to maintain an independent life while maintaining the relationship status of being married.

If you are in any of the above situations, you might want to know how to create separation papers as per the requirement of the Saskatchewan divorce act.

Now, I’m going to tell you this.

How to Get a Separation Agreement in Saskatchewan?

There are several ways that you can follow to get your separation agreement.

  • The most traditional and easiest way is to hire a lawyer and leave everything on them. Separation and divorce, they can handle everything for you.
  • If you and your spouse agree on everything, you can do it yourself without professional help.
  • Choose an Alternative dispute resolution (ADR) service to settle a complaint out of court.

Why a Separation Agreement May Not Be Enforced by the Court

You see, legal separation in Saskatchewan is easy. However, you need to be careful while processing it.  The court may not accept your agreement document if any of the following incidents happen.

If a Couple Doesn’t Have Separate Attorneys

You should hire individual attorneys to represent each of you to avoid any unfairness. Otherwise, the court will look at your document with suspicion and may not enforce it.

Forcible Agreement

If either of you uses unfair means to get the sign or does not give enough time to think while signing the contract, the court will not accept the document. This is because the violation is strictly prohibited.

Hide Important Information

While making a separation or divorce agreement, you should disclose all your assets honestly. If either you or your spouse fails to be fair, your action will eventually refer to fraudulent activities. And at that time, the court won’t enforce your agreement.

Read Also: Should I Tell My Divorce Lawyer Everything?

Unfair and Inequitable

If the separation papers unfairly favor a particular individual, it will create problems. All the things should be equally divided. The court might think it’s unconscionable, and that’s why they won’t accept it.

Final Words

That’s all about the separation agreement in Saskatchewan. Hopefully, you don’t have any confusion now regarding this topic.

You know the law, special family law, is different for every region. Therefore, when you want a separation or divorce in Saskatchewan, you have to follow their rules.

Hence, it’s better to consult a professional lawyer before taking any big steps.

Frequently Asked Questions

How do you legally separate in Saskatchewan?

A separation simply occurs when a couple decides not to live together anymore. No court application is required to declare this status. However, the date of separation is important for further reasons.

How much does a separation agreement cost in Saskatchewan?

The separation agreement cost in Saskatchewan is very high. On average, it may cost about 2000 dollars. However, the amount can be increased or decreased as per the complicacy of your case.

Do separation agreements have to be filed?

A separation agreement is not a legal order so, it doesn’t have to be filed. But if it is created by legal professionals, it can be used as a legally enforceable contract between couples when they are about to divorce.

What is the difference between a separation agreement and a legal separation?

A separation agreement is a legally binding paper that deals with all perspectives of separation like child support, property division, alimony, etc.

Meanwhile, legal separation is an alternative to divorce. Here you have to deal with all the formalities of a divorce, but you won’t end your marriage completely.

What is a fair separation agreement?

A fair separation agreement is a legally binding document that creates by both parties in a marital relationship. With this document, they formally divide their assets and other responsibilities. Thus, both parties get a fair separation from each other.

Recent Posts

Secured By miniOrange