When two married or common-law individuals separate, it means they have decided to no longer live together. For married couples, a mere separation does not end their married status and only a divorce application can accomplish that.
The decision to separate is a difficult one, and the process can be made even more challenging when complicated by custody disputes ora partner who won’t co-operate. However, the help of a family lawyer can alleviate some of your stress during a separation. ADVICE ABOUT THE DIVISION OF PROPERTY While it is not easy, you should not put off dividing your property after a separation. In addition to your home and possessions, you may also have to divide things like investments, pension plans, and joint bank accounts. If you are married, you may also be required to share your debts (such as for a mortgage or car loan). A lawyer can guide you through this complicated and often overwhelming process. DRAWING UP A SEPARATION AGREEMENT You and your former partner may decide to sign a separation agreement, which is a legal contract documenting the separation. It is recommended that your agreement be drafted by a lawyer. A separation agreement may cover issues like living arrangements, child custody, child and spousal support, and the division of property. While it is not legally required for separation, getting this document is recommended as it provides written proof of the agreedupon terms of your separation. Before signing a separation agreement, you and your former partner should consult with your respective lawyers to ensure your interests are being protected. SETTLING DISPUTES It is not uncommon for disagreements to arise during a separation. Child custody disputes can be particularly challenging.If you and your partner have children and are separating, it is therefore important that you consulta lawyer about child custody. A lawyer can help you reach a solution that protects the best interests of your children. Disputes may arise in other areas as well. With a lawyer, you may be able to resolve these disagreements outside a courtroom. HIRE A LAWYER IN NEWFOUNDLAND If you are going through a separation, our lawyers at Gittens & Associates have the skills and experience necessary to advocate for you. We can facilitate the separation process by offering you guidance and ensuring that you understand your rights. Contact us today to book a consultation or to learn more about our comprehensive legal services.