The advantage of the transaction minutes is that the protocol may be the sole proof of the parties` written agreement, while the form of a draft compliant notice decision, which may reflect the agreement of the parties, still requires the approval of the Tribunal. On the other hand, in the event of a dispute over the terms of a proposed authorization decision, there can be no evidence of the agreement in the settlement protocol that a court can use to decide the case. An agreement between two or more persons on family law issues that have arisen or are likely to arise and that deals with their respective rights and obligations, which the parties expect from their commitment and are enforceable in court. Typical family law agreements include marriage contracts, cohabitations and separation agreements. If you plan to make your separation permanent, the separation agreement should ideally define the final financial agreement that will be submitted to the court if the divorce or dissolution has finally passed. As soon as both parties are content with the text of the agreement, they must communicate the agreement to their respective lawyers – or, if necessary, to any lawyer – to discuss the impact of the agreement on their legal rights and the possibilities open to them if they do not sign the agreement. This is called independent legal advice. This phase is crucial for three reasons: especially when there are minor children in the marriage, a separation contract allows you and your spouse to prepare in advance the details of custody and visitation, as well as childcare services and child care supplements (so-called complementary products), such as health insurance, education and daycare. A separation contract is usually chosen by couples who wish to delay their divorce or the dissolution of a life partnership for practical or religious reasons. It is a contractual agreement that allows your decision to live separately, your current obligations, the way your assets are distributed and all arrangements for your children. A separation contract can be negotiated and signed at any time after the breakdown of a conjugal or unmarried relationship. A separation agreement may be signed after legal proceedings have been committed or even before legal proceedings have been considered.
Collaborative practice is a way to resolve family law issues, including separation and divorce. You and your spouse/partner work with collaborative lawyers. Each signs an agreement that your collaborative lawyers refrain from representing you in court if the trial collapses. None of the lawyers can intervene for you in the context of a legal proceeding in dispute. If you and your partner have been separated for two years and are satisfied with the terms of the separation, the agreement may be the basis for your divorce or dissolution of the partnership if you wish to continue. It can be considered a draft order that must be submitted to the Tribunal after divorce/dissolution. Once the terms are clarified, a lawyer will develop the agreement and negotiate with the other solicitor parties until the content is agreed upon. If you can`t agree on the terms of a separation agreement, this may not be the best option for you.
However, before going through a divorce/dissolution procedure, you should try to find mediation, as this can help you reach an agreement on your finances, property and children. The development of an agreement is an opportunity for both partners to decide what is right and to mutually acknowledge this decision. This can lead to avoiding misunderstandings and confusions later on. So why use an agreement instead of a formal divorce procedure if you are married? If you are interested in a separation agreement, check out our full version here.