Settling End-Of-Relationship Matters: Separation Agreements vs. Court Orders
When a couple decides to separate, there are usually two ways of settling the legal issues that arise. It can be as simple as discussing matters informally and then signing a written separation agreement. Or it can involve filing an application in court to have a judge decide on the matters.
At Foster Law Office, we have helped many clients in Mississauga through separation and divorce. We can help you navigate the issues and find a solution to protect your rights and interests as you move your family forward in a new direction.
The Separation Agreement — A Mutually Negotiated Settlement
So long as they follow specific legal rules, separation agreements serve as a binding contract between ex-spouses. Whether two parties sign one after an informal discussion over the kitchen table or after formal negotiations between their lawyers, these written agreements can settle issues such as:
- Who will pay spousal support and how much
- How property and debt will be divided
- Who will stay in the family home
- Where children will live and how they will be cared for
Our firm can help you negotiate agreement terms that are not only fair and reasonable, but that are legally valid and enforceable in court if this becomes necessary later. We can also help you benefit from other alternative dispute resolution methods before signing an agreement.
Court Orders — When A Judge Decides
Pursuing a matter through court is typically the most expensive and time-consuming method for settling matters between ex-spouses. But for couples who cannot successfully agree on some or all post-separation matters, litigation may become necessary.
Going to court means placing a final decision into the hands of a judge. Before reaching this final stage, ample opportunities still exist to continue working on a negotiated settlement. If your situation proceeds to trial, we can guide and advise you through the process, prepare a solid case and skillfully represent you before a judge.