If you are separated and were married or in a common law relationship there are certain issues that may need to be determined, such as custody and decision making for the children, parenting time/access, child support, determination of s. 7 special or extraordinary expenses, spousal support, and property division. A written separation agreement settling the issues arising from the separation can protect both parties’ interests if done properly. A valid separation agreement can be enforced if there is a dispute. The agreement should always be in writing and can be useful for tax purposes or to transfer property. In addition, a valid separation agreement that covers all of the issues arising from your marriage, can bed used to file for an uncontested divorce.
You may want to seek the advice of a lawyer when entering into a separation agreement to understand your rights and obligations arising from your separation. At Singleton & Associates an experienced family law lawyer will use their knowledge to help you create a legal document that is custom-tailored to your circumstances and enforceable pursuant to Nova Scotia laws.
To arrange a consultation with a family law lawyer at Singleton Family Law, call (902) 492-7000.
Some people think that if they do not get married it will be easier to separate. That is rarely the case. Issues of property division, custody, parenting time, child support, and spousal support still need to be decided when common law couples separate. In Nova Scotia, the Parenting and Support Act governs many of these issues upon separation. There are also laws which deal with property division upon separation of common law couples. These laws are based on complicated common law principles such as “unjust enrichment” and “joint family ventures”. Depending on your circumstances a Court could order that your assets be divided or that you pay spousal support to your partner even though you are not married.
If you are able settle all the issues between you and your partner, you may want to consider entering into a separation agreement. Alternatively, you may apply to the court to address any issues that cannot be agreed to, or participate in other alternative dispute resolution processes.
To arrange a consultation with an experienced family law lawyer at Singleton Family Law to discuss your options, call (902) 492-7000.