Separation agreements settle the practical issues after a relationship ends, including property, debt, support, and parenting arrangements. You don’t necessarily...
Separation agreements settle the practical issues after a relationship ends, including property, debt, support, and parenting arrangements. You don’t necessarily need a lawyer to draft or sign a separation agreement in Nova Scotia. However, legal advice from a Halifax family lawyer can give you peace of mind by identifying overlooked issues and helping you understand the long-term implications of the terms.
A separation agreement is a contract between spouses that both parties must voluntarily agree to. Once both spouses sign, the agreement is legally binding and can be enforced in court. However, neither spouse can be forced to sign. You do not need to file a separation agreement with the court just to make it a binding contract.
In Nova Scotia, spouses can make verbal agreements, but proving the agreed terms can be difficult in disputes. A written agreement creates a record of each person’s responsibilities. The Nova Scotia Family Law Handbook also advises having an adult witness the signatures, especially when the agreement addresses property or spousal support.
Before beginning negotiations, spouses should openly share accurate financial information, including:
Withholding information at this stage can lead to disputes later.
Once the parties sign a separation agreement, they can still challenge it if a problem arises. Potential problems can include one spouse being coerced into signing, one person not understanding the rights they were giving up, or one party failing to disclose important financial information. The court may set aside part or all of an agreement based on the facts presented, but contesting a separation agreement does not guarantee it will be set aside.
Signing a separation agreement without a lawyer does not make it invalid. Instead, you risk entering into a binding agreement without fully understanding the terms or the rights you are giving up.
Without legal advice, it can be difficult to know what you’re legally entitled to. A person may agree to a division of property, spousal support arrangement, debt allocation, or other term without knowing how Nova Scotia family law would otherwise apply.
Contract language can also make it challenging to understand exactly what a provision does. Someone might think a clause settles a narrow issue, only to later find it affects their ability to make a claim.
A Halifax family lawyer can review a separation agreement and flag issues that would be hard to fix after signing. A person can’t get out of an agreement just because they realized they didn’t get the best bargain.
Independent legal advice means each spouse gets advice from a lawyer representing their interests, not both parties’. Since a separation agreement involves two people whose legal interests may differ, a single lawyer cannot independently represent both spouses when their interests conflict. Having separate representation allows each spouse to receive advice based on their individual circumstances rather than relying on the other party’s lawyer.
While spouses are not required to obtain independent legal advice to create a separation agreement, it can help show that each party understood the agreement before signing. This is important if the agreement is challenged later.
A separation agreement is not guaranteed to be upheld in court just because the parties involved obtained independent legal advice. Other issues can still affect whether it’s enforceable.
The Riley Firm helps clients draft separation agreements, review proposed terms, and negotiate agreements that reflect their individual circumstances. Whether you’re preparing an agreement or reviewing one, our team can help identify potential concerns and understand your legal options. Contact The Riley Firm today to discuss your separation agreement with a Halifax family lawyer.
Generally speaking, no. Nova Scotia does not generally require spouses to hire lawyers to create a separation agreement. Spouses can prepare and sign their own agreement without the help of a lawyer. The agreement can still be legally binding without a lawyer’s involvement. Despite this, legal advice is recommended to help both spouses understand their rights and obligations.
If you sign a separation agreement without a lawyer, the agreement isn’t automatically invalid. You take the risk of unknowingly accepting financial obligations or giving up legal rights. Once you sign the document, it can be difficult to change later, and simply regretting the outcome is generally not enough to have the agreement set aside by the court.
Each spouse may have different financial and legal interests. Independent legal advice means they each consult their own lawyer, who will evaluate the agreement from their client’s perspective. This process can help show that both parties understood the agreement when signing.
Common topics covered in separation agreements include property division, debts, spousal support, child support, parenting arrangements, and pensions and benefits. Not every agreement will include every provision, as family circumstances differ.
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