A separation agreement can often become a consent settlement later in the divorce process, drafting it correctly and then applying to the court, thus making it legally binding. It is also important that any separation agreement complies with legal conventions – and legal standards – so that it can be brought to justice. We must ensure that each person is happy, that the agreement is fair and reasonable before signing. A common example we encounter is when one person has a considerable pension fund and the other does not. Often, the person without a pension chooses not to qualify, even though he or she has the legal right to maintain the separation by mutual agreement and avoid „swinging the boat“ with his or her spouse. However, she might change her mind months later, perhaps because of friction over their children`s custody arrangements or perhaps because of the news that their ex has passed and that he has met someone else. There can be many different triggers that cause a person to reconsider their previous agreement. No no. Only a court can authorize your actual divorce or dissolution. However, many couples do not need to seek court to resolve custody and financial issues. Indeed, they are able to conclude appropriate agreements. There are different ways to reach an agreement and if you have failed to reach an agreement directly with your ex-partner, you can use dispute resolution methods, including: negotiating lawyers; mediation; and the collaborative process. We can give you more information about the different processes so that you can be sure that you are choosing the right one for you.
Going to court is expensive and the outcome can be uncertain. One of the most effective ways to resolve family disputes is for the parties to enter into an agreement drawn up by the spouses` respective lawyers. The general rule within the meaning of point 9(1)(a) (the main principle in the vast majority of cases) is that the net value of marital property identified and valued at the relevant date is distributed equitably. „Just“ means „equal,“ unless there is an imperative argument to justify a just but unequal division. Section 10 provides that the Tribunal may derogate from the „same allocation“ if the derogation is justified by „special circumstances“. The law does not contain an exhaustive definition of „special circumstances“ and the facts and circumstances of each case must be considered individually.3 A situation that often arises is when the source of the funds used for the acquisition of marital property comes from marriage – for example, if equity comes from pre-marital property to purchase a matrimonial home. . . .
