Getting your separation agreement
Fairway is a start to finish divorce service: We draft your separation agreement and you get independent legal advice.
There are two distinct and essential parts to getting a divorce: the actual filing for divorce and the drafting and signing of a separation agreement. A separation agreement is necessary if you have property and children. It is a legally binding document, signed between both parties, which contains all the arrangements made regarding the divorce. This contract outlines each party's decisions and rights regarding spousal support, child support, custody, access (residential care), property, assets, and debts. This document is often more than 20 pages, considering all the required decisions and legal wording. We help facilitate you getting legal advice before you sign to you can rest assured that you are protected.
A separation agreement is only as good as the time and effort put into the decision-making.
Our Divorce Resolution Experts at Fairway Divorce Solutions have resolved thousands of couples, resulting in legally binding agreements that stand the test of time.
Many things set Fairway apart from other divorce providers and competitors. One is the almost two decades of experience across Canada specializing solely in divorce and helping people transition to new beginnings. Also, is The Fairway Method™ that uses the INR™ (Independently Negotiated Resolution™) process to move couples independently through decision-making to get to a fair outcome. The outcome contemplates the divorce laws and the long-term well-being of the parties and their families.
Fairway Divorce Solution's experienced divorce resolution experts, also called financial mediators, are ready to assist you through the entire process. By being a neutral and objective third party, we will help you gather the information (financial disclosure), assist in assessing proposals and work with you to create a plan for your future. The focus is always on your children's well-being and your financial assets. By working with us, your children will never be used as pawns, and you will avoid large legal bills.
Once you have resolved all issues, our legal department of family lawyers will document all the issues into a comprehensive and legally binding separation agreement. We can also help you contact an independent lawyer when needed. A written and properly executed separation agreement is your best shield against future problems and will help ensure your agreement stands the test of time.
Fairway then attaches your signed separation agreement to your divorce filing application submitted to the courts. You will be granted a Divorce Decree as long as you have addressed all the terms, and in the case of dependents, you have set out how they will be cared for financially and otherwise.
While traditional mediation and collaborative law have brought us this far, Fairway is changing how divorce happens and raising the bar in mediation and conflict resolution.
Do your research before you hire a lawyer to draft your separation agreement, as that is only a tiny part of getting a divorce.
You will spend your time and money on negotiating all terms before drafting the separation agreement. The actual drafting the separation agreement does not take a lot of time and should not be expensive.
It is not the separation agreement that causes conflict; it is all the back-and-forth negotiations prior to drafting the agreement that cost time, money and stress. When getting different quotes, get a quote on the back-and-forth negotiations that must happen before the drafting of the separation agreement and filing the divorce application. It is the negotiations which cause hefty legal fees, and you want to avoid those. Many lawyers and mediators will quote you quite low on drafting the separation agreement and filing for divorce but that is only a very small part. Ensure you get a quote on fees for the time and effort to agree on terms. Drafting the separation agreement is simple for any lawyer as long as the terms are clearly set out regarding the divorcing parties' intention.
You both will work closely with a Fairway Divorce Solutions financial mediator for a fixed flat fee, to ensure that all issues are addressed in your divorce so that your separation agreement is comprehensive, speaks to the here and now, and lays the foundation for a happy and peaceful future. Fairway is here to keep your costs and time down while giving you the best service in Canada.
Once you have achieved resolution, our team of experts will help facilitate the drafting of your Separation Agreement. You can rest assured, it will stand the test of time.
Client testimonials
Success comes in many forms. For us, it is hearing back from our clients and reading how we have changed their lives for the better. These stories are the reason we do what we do.
This was the hardest thing I have gone through and I didn’t feel like I was doing it alone with the help of Sarah and everyone else at Fairway. She was extremely knowledgeable, patient, kind, understanding, relatable, empathetic and trustworthy. She tailored our agreement to meet our needs and the needs of our kids while keeping with family law. One million percent I would recommend them to anyone going through this. It will be okay.
- Waterloo Client October 2021
The Fairway Method
Divorce is difficult. We make it easier from start to finish. The Clear Road to a New Life®
Fairway Divorce Solutions meets your needs
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Helping Canadians with divorce mediation since 2006, with more than 25 Divorce Resolution Mediators in more than 12 locations.
Frequently asked questions
A separation agreement is a legally binding document, signed between both parties, which contains all the arrangements that were made in regards to the divorce. This contract sets out each parties’ decisions and rights with regards to spousal support, child support, custody, access (residential care), property, assets, and debts. This document is often more than 20 pages considering all the decisions and the legal wording that is required.
Without a proper separation agreement, things may quickly become messy with regards to child custody and co-parenting, living arrangements, support payments, visitation, and holidays.
How to Get a Separation Agreement
There are many ways to get a separation agreement, or at least a draft completed.
- Hire a lawyer
- Mediation
- Arbitration
- Collaborative law
- Do-it-Yourself
- Self-Representation
- Fairway Divorce Solutions (Using Independently Negotiated Resolution)
Emotions matter, but they shouldn’t play havoc with your smart decision making. We use a proprietary step-by-step process that centers on making decisions about finances and co-parenting vs. creating a circus of using affidavits and legal applications that often focus on non-factual differences of opinion.
The issues in divorce have not changed, but the laws have.
It used to be that if you were faced with a divorce, you had better run out and hire the best lawyer you could find. That was because the results in the courts were very much dependent on the Judge you had that day and the talent of your lawyer. Two things have changed that.
The first was the introduction of the updated Provincial Property Acts in the ’80s and ’90s and the Child Support and Spousal Support guidelines in the ’90s. The bottom line is that the goal posts you are negotiating between are quite narrow, Therefore, your outcome is more predictable regardless of whether you fight it out with lawyers or use an alternative dispute solution.
While it is possible to take a position and fight about specific issues, the cost associated with taking a hard stance is often more than what you gained. The best scenario for you is that you achieve a fair outcome whereby you received what was “just” within the eyes of the law and “fair” considering your personal situation. There are only two things in divorce: money and kids, and you want to ensure both are protected and that you keep as much of your net worth in your pocket as you can.
Alternative Dispute Resolution has become the standard.
A less expensive and increasingly popular way, often resulting in better outcomes is known as Alternative Dispute Resolution (ADR). This methodology includes both mediation and arbitration. Mediation is a process in which a divorcing couple negotiate their issues with regards to money and parenting, with a neutral third party. The mediator helps the spouses negotiate and communicate but does not make decisions for them. Contrast this with an Arbitrator who makes the final decision much like a Judge but without that title or courts endorsement. The mediator will facilitate decisions based on the mediator’s expertise, and may add some direction in the area they are knowledgeable.
Mediation itself is not binding so that a party can disengage if necessary. The intention is that the parties come to a resolution on the issues through divorce mediation. Then, these decisions are drafted into the separation agreement which is signed in front of a lawyer and is legally binding.
Fairway Divorce Solutions services fall under the Alternative Dispute Resolution definition and use a proprietary model known as Independently Negotiated Resolution™ INR to bring resolution and agreement on all issues.
There is still the belief that if the assets are complicated, you should hire a lawyer. If you have complex assets, you will likely need a financially savvy team, including at some point, getting Independent Legal Advice. Getting legal advice is prudent but using lawyers to negotiate the terms and outcomes is better suited to those who understand financials and the implications of different ways of splitting assets, i.e., tax. The team should include those who are experts in financial matters, accountants, business valuators and lawyers who can provide information with regards to the law and how it may apply to your case or cases like yours. Information and knowledge are key to good decision making, but fighting is not necessary.
At Fairway Divorce Solutions, our start to finish divorce offices deliver the experts you need.
Separation agreement and what it should include:
- The agreed upon division of property and debt
- Your co-parenting plans
- Child Support Arrangements
- Spousal Support/Adult Interdependent Partner Support arrangements
- How you will resolve conflicts if they arise in the future
- Any other details of your separation that you feel are important
The answer is no. While most couples need some help in achieving resolution on their issues, you may have reached a consensus on the issues without the support of any third party. If you have no children and simple property you can likely go straight to divorce filing and include your decisions as part of the application.
Our team at Fairway can draft a separation agreement and file for divorce.
If you have achieved consensus but would feel more confident if a third party helped you ensure you did not overlook anything with regards to child support, custody, spousal support, property division, then Fairway offers a Fast Track service to assist you. You can rest assured that your agreement will stand the test of time and that you did not miss something important to protect your wellbeing in the future.
A separation agreement is a legally binding contract between spouses (married or common-law) or ex-spouses setting out the terms of their relationship after separation (or the decision to separate). This agreement often deals with how property (and debts) will be divided between the spouses, spousal support, child support, child access, and other issues.
As part of Fairway’s strategic start-to-finish process, we guide you through the next steps to finalizing the divorce, including helping you file the divorce documents in applicable provinces.
