Protecting Your Rights And Interests Through Separation Agreements

Not all separations need to escalate into a litigated court case. One out-of-court solution involves setting out your decisions within a separation agreement.

At Smyth & Company, we have drafted and reviewed thousands of these documents for clients in Greater Vancouver and throughout British Columbia. Backed by over 80 years of collective experience among our lawyers, we can help you negotiate and finalize post-relationship issues using a solidly crafted separation agreement.

Advantages Of A Customized Separation Agreement

Using a separation agreement makes sense in many ways. The process can save you significantly in legal fees and court time.

Separation agreements can be negotiated in several ways. Simple terms can be discussed informally between you and your ex-spouse. More complex issues can be negotiated with the help of your lawyer.

Mutual agreement is less stressful — not only for you and your ex-spouse, but also for your children. Separation agreements provide the additional benefit of creating your own customized arrangements rather than leaving the outcome in the hands of a judge. Furthermore, they allow for privacy since your financial and personal information does not have to be filed in court, as is required in litigated cases.

For example, although the law says that separating spouses share equally in family property, your agreement may stipulate that you will divide property differently. An unequal arrangement may be better suited to the particular circumstances of you and your ex-spouse.

Seek Skilled Legal Advice Before You Sign

It's important to remember that a separation agreement is a legally binding contract. Once signed, both parties are obliged to live by its terms. Before entering into such an agreement, each party should seek independent legal advice.

Whether you require help to draft or review an agreement, we can help you:

  • Clearly understand what you are agreeing to
  • Review all terms for fairness
  • Become aware of any rights you may be signing away
  • Ensure adequate financial disclosure
  • Amend terms that may not be legally enforceable
  • Identify issues which have not yet been discussed or addressed

Our goal is to ensure that your family law agreement is clear, legally valid and protective of your interests.

Discuss Your Separation With Our Lawyers

As a firm, we offer potential clients a free half-hour initial consultation. We are confident that when you meet with our lawyers, you will feel assured of our ability and desire to provide you with high-quality legal service. Call our office on Port Coquitlam to book a consultation at 604-942-6560 or via our online email form.