Contact a lawyer now

Family Lawyer Winnipeg Blog

Legal Separation in Manitoba, Canada

What You Should Know about Legal Separation in Manitoba, Canada

Divorce in Manitoba has been on the increase over the past few years. Couples are getting separated due to several issues. When things come to this, there are a lot of complications involved in the process.

If you are looking to form a separation agreement without a lawyer, you must know about legal separation in Manitoba, Canada. This document will help you determine the terms and conditions of getting separated from your legal partner. Some of these include child and spouse maintenance, division of assets, and so on.

As you can see, the separation agreement in Manitoba is essential for the process of divorce. You can know everything about it from the following brief on the topic.

What is a Separation Agreement?

A legal separation agreement is also known as the Marital Separation Agreement. This is an agreement that you need to prepare when you are in the process of divorcing your spouse.

The agreement will give you control over the things you will share with your spouse. More precisely, what you and your spouse will receive from the divorce is mentioned in the agreement. It is a useful document to avoid conflict on several marital and post-marital issues that the couple face while separating.

The separation agreement will provide you with assistance in deciding numerous complex issues. For once, you can decide on who gets which asset and how much of the asset. If there are children involved, you can decide on child custody, child support, and any other decisions regarding your child’s best upbringing even after divorce.

Difference between temporary and permanent separation agreement

There are two types of a separation agreement that you need to draft. Although it is advised to draft the agreement with a lawyer’s support, you should know the difference between the two types.

The first one is the temporary separation agreement. This agreement is created before the divorce is finalized. This means that the agreement will be valid till you and your spouse have been separated legally.

Once you are separated from your spouse, the permanent separation agreement will be drafted. This will help you to carry on with regular functions with the court decisions even after the separation.

How long does a separation agreement take?

Legal separation in Manitoba involves drafting the separation agreement beforehand. It is advised to seek lawyer support while drafting the separation agreement.

Drafting the legal separation agreement can take weeks to months. This really depends on the complexity of the contents mentioned in the agreement.

If you and your spouse cannot determine and decide on separation issues, it can take months to complete. On the other hand, if you and your spouse are on the same page about child and spousal support, division of assets, and other related things, it should not take more than a few weeks.

Benefits of Documenting a Separation Agreement

A separation agreement can ease your life before the divorce takes place. Here are some critical advantages of drafting a legal separation agreement.

Children benefits

The Law and order of Manitoba ensure that the agreement should contain detailed descriptions of parenting arrangements. This includes the type of child custody, who gains the primary care, and who has control over the crucial decisions regarding the child’s life. This can help you to avoid further court issues after divorce is finalized.

Support system

The separation agreement will also layout both child and spousal support systems. This is crucial as it involves the child’s future lifestyle and the parent taking care of the child.

Division of assets and debt balance

If you and your spouse shared properties during the marriage, the separation agreement would include who gets what. You will not need to go to court separately after separation to divide these things.

Moreover, incurring debt during married life is normal. However, it is essential to share the balance after divorce. The separation agreement will ensure that as well.

How to Write a Separation Agreement

It is crucial to know how to document a separation agreement. You may not be able to seek lawyer support due to financial or any other problems. Here is what you need to know to be able to draft the design.

Documents you will need

You will need two distinctive documents to document a separation agreement thoroughly. One is the Prenuptial Agreement. This is a document that includes the division of assets and debts of the involved parties. This document also involves the property division system after divorce.

Secondly, you will need a Cohabitation Agreement. This is because the document will include the certification of living together as a common-law partner. This document will help you deciding the asset, property, custody (if any).

Things you will need to complete the application

The first things you will need to include in the separation agreement application are your and your spouse’s full names. After that, you will need to have the date of separation.

Once these are done, now comes the crucial parts. The separation agreement must include all the vital issues regarding the divorce. The first thing you should clear out is the child support procedures if there are children involved in the divorce. Next, there should be a detailed description of spousal support as well.

Then comes the division of properties and money. You should include how much and which properties will be divided between you and your spouse.

Moreover, which properties will be sold, and the money will be divided. The agreement will ideally also include all the necessary debt balance divisions.

So, in summary, the separation agreement should include full names along with relevant dates. After that, the document must consist of every issue related to children and the other spouse.

Finally, the paper’s final parts should include a decision on the division of properties, debts, and bank balances.

How Much does a Separation Agreement Cost?

The separation agreement is an essential document for the divorce. The paper includes several critical matters and issues of separation. Therefore, drafting the document and negotiating on deciding factors can be quite tiresome and complicated. As a result, it includes particular expenses.

How much is a separation agreement?

The cos of separation agreement really depends on the issues involved and lawyer support you receive. The lawyer’s legal fees can range from around $500 and rise as high as $2000, with taxes.

The kind of separation agreement template you use will determine the overall cost. Several firms offer different types of offerings that can cost you differently. The lawyer will guide you through the whole process. Nevertheless, it would be best if you had basic ideas to not take advantage of during the drafting of the separation agreement.

Conclusion

A separation agreement is exceptionally crucial during a divorce. Legal separation in Manitoba, Canada, emphasizes drafting a separation agreement. This will solve a lot of trouble for couples who agree to separation without much hassle.

Deciding on some fundamental issues like child support, spousal support, and property and asset division can be really tiresome. There are a lot of court works involved. Therefore, you should have prior knowledge and pay significant importance to draft a separation agreement with the help of a lawyer.

Leave a Reply

one + 15 =