People are separated when the decision to separate is communicated from one spouse to the other. You can be separated while “living separate and apart” under the same roof.
A separation agreement is a legally binding contract. The Agreement can address all issues arising from a separation, other than a divorce.
Separation Agreements can be achieved through negotiation and/or mediation.
The benefits of negotiating or mediating the terms of a Separation Agreement, rather that litigation, include:
- can be faster, cheaper and less stressful than going to court
- you decide what works best for you and your family
The process of resolution must include:
- full and accurate financial disclosure and informed consent – you cannot make good decisions without knowing the facts