Will a Collaborative Law Agreement Preclude Later Actions?
Some British Columbia couples that choose to end their marriage will separate, but not get divorced right away. In many cases, creating a separation agreement, often via collaborative law, is enough to satisfy both parties. The question some people may be asking, however, is whether the agreement could be challenged or upset at a later date, particularly if one party chooses to file for divorce.
A separation agreement, made in consultation with legal professionals, is a great way for two people to arrange life after marriage. Matters such as child support and asset division can be laid to rest by this type of document. This allows a couple to split, secure in the knowledge they have a binding agreement to refer to in case a dispute should arise.
However, should circumstances change dramatically, or if new evidence comes to light, one party can request to change the terms of the agreement. For instance, if one party has a substantial change in income, this could potentially impact the payment of support. Likewise could be true if previously hidden assets are suddenly revealed. Additionally, should a couple get a divorce, there may be a financial hit taken by one party, such as the loss of shared benefits or insurance. It is conceivable that person may attempt to gain compensation for the loss from his or her former spouse.
Collaborative law is an excellent process whereby two people who choose to end their marriage can work together one more time to make suitable arrangements for their new lives as individuals. Those who use this process often save time, money and experience less stress. For assistance with creating a workable, binding agreement, it is generally best to partner with a skilled British Columbia family law firm.
Source: moneysense.ca, “Would getting a divorce after separating mean my ex gets more money?“, Debbie Hartzman, March 8, 2017