Hugh Condron - Family Law Consultant

  What is a Separation Agreement and is it legal? Separation Agreements are typically used when a couple decides to live apart but are not yet ready to pursue a full divorce. The agreement can address financial, custodial, and other practical matters to help ensure an amicable separation process. Despite what some people might say, Separation Agreements are legally binding. It is important to note that a Separation Agreement does not dissolve your marriage, that can only be done through the court by way of Divorce. Separation Agreements are not orders made by the court, which means they can potentially be challenged or changed later on. To make sure that a Separation Agreement is taken seriously by a court, it's important to have the agreement drafted or reviewed by someone with experience in this area. The agreement should be voluntarily entered into by parties, with each having received legal advice beforehand. Full disclosure of finances from both parties is also essential, and