Divorce Agreements to Minimize Future Conflicts
People who are preparing to marry or those who are already married in British Columbia may want to consider completing an agreement that governs how any possible separation or divorce will be handled. Such agreements may be helpful in preventing litigation while providing a fair settlement for both spouses in the event of a marital breakdown.
Without an agreement, such things as the division of assets, spousal support and responsibility for debts may be up to the court, if litigation is involved. If the couple has an agreement in place, the need for litigation may be obviated, allowing both to move on with their lives following their divorce.
Couples may agree to such things as who will own what property after a divorce, how debts will be handled, how much money each spouse will contribute to the marriage and whether spousal support will be paid in the event of a divorce. In order for such an agreement to be deemed valid, both spouses will need to exchange complete and accurate financial information with the other. They will both need to sign the agreement, and if spousal support is included as part of the agreement, a witness will also be required. Following a separation, a couple may also reach an agreement in order to fully settle their divorce in the absence of a previously issued one.
When a couple decides to divorce, they may decide that the best approach is to reach a settlement that is fair to both. The collaborative law method allows spouses the ability to sit down together with their lawyers in order to reach such an agreement. People who are in that position may want to consult with a collaborative law lawyer. This method of alternative dispute resolution may allow spouses to maintain more control over their divorce.