A marriage separation contract, also known as a real estate transaction contract, is a written contract that separates your property, shares your rights and solves problems such as support and custody. A separation agreement can be reached before or after the divorce, even if you and your spouse are still alive. Divorces are either controversial or unchallenged. Controversial divorces are those in which the respondent disputes any issue in the case – divorce itself, the Heritage Department, custody of children, the possibility of child support, etc. Undisputed divorces can be divided into two categories – (1) approval decisions – the parties agree on all important issues; and (2) Causes of delay – if the respondent does not appear to challenge the divorce or any problem, either because he or she decides not to object or because he or she cannot be located. By entering into a marriage contract, you make your divorce an undisputed divorce. It is not absolutely necessary for a lawyer to verify your separation agreement, but it is a good idea. This is especially the case when you are confused or unsure of one of the clauses. If you need an audit, make sure your agreement is verified by your own lawyer (not your spouse) before signing the agreement. Independent legal advice is also a good idea because it prevents the parties from saying later that they are at a disadvantage because they did not understand the agreement.
In order for a separation agreement not to be called into question, you and your ex-partner must be open about your finances. It is called “financial disclosure.” For more information on why you might want to use a separation agreement and what they can deal with, click here. Separation agreements as an alternative to divorce or dissolution in Scotland A separation contract is a private contract that defines rights and obligations for spouses (including unmarried couples who have lived together for at least two years) as they agree to address different aspects of the dissolution of their relationship. The agreement may include clauses relating to custody, guardianship, parenting, time of education, contact time or access to children, share ownership and financial assistance. These clauses must be in accordance with contract law. Both parties must understand what they are signing and accept all the conditions. There should be no undue obligation, coercion or influence on any of the parties to sign rights or responsibilities in a separation or pressure agreement to accept certain conditions. The Albertas Family Law Act and the Marriage Property Act codify the principles of education, child care, spousal assistance and the distribution of wealth, which the court takes into account when cancelling family contracts.