A separation agreement is a written agreement between two spouses who have separated or are about to separate. The agreement generally provides for a number of rights for each spouse, including the spouse who resides in the family home, how the property will be distributed, who will pay the family debts, who will pay the family allowances and the spouses, who will have custody of the children and what types of visitation rights of the other parent. If you can agree on the amount and duration of spousal benefits, which is fair and appropriate for both parties, it is likely that the same support arrangements will be included in your divorce judgment. If you and your spouse are unable to reach agreements on divorce issues, you can find the services of a divorce officer. Mediation in Saskatchewan allows you to meet with a trained professional to help outgoing couples settle down, with whom they can both be satisfied. The settlement of the divorce by mediation requires cooperation between the two parties. The Ombudsman does not offer legal advice or settled disputes, but acts as an intermediary, keeps the interview on track and ensures that all relevant issues are addressed. Mediation is often more successful when both parties have their legal rights with understanding, especially before signing a legally binding agreement. Some people may decide to be represented by a lawyer during the mediation process, but this will result in a significant increase in fees. If you represent yourself and negotiate an agreement or pursue claims through the courts, you can also check some of the sample clauses provided on this page. They can be adapted to your needs.
Unlike the restrictions imposed (often called pre-nups), parties to a separation agreement can agree on the possession of the marriage and agree on custody of the children and the right of access. Like all Canadian provinces and territories, Saskatchewan requires that the marriage be broken up for you to take a divorce. You can prove marital tensions in three ways – adultery, extreme cruelty, or the most common basis, separation for a period of one year. Your separation from your spouse may occur while you are cohabiting for financial or other reasons. It is true that the policy of the courts is to maintain separation agreements, but in practice it is a good idea to avoid unilateral agreements. Unfair agreements can lead to resentments that can lead to legal proceedings to amend the agreement. Disloyal agreements also promote marital conflict, which is precisely what they are supposed to avoid. Although a separation agreement becomes legally binding after it is signed, the parties can change the terms at any time by another agreement.