New Brunswick Separation Agreements

Ending a relationship is never easy, but a well-crafted separation agreement can provide clarity and security during this transition. As a domestic contract, a separation agreement outlines key terms such as property division, spousal support, and child-related matters, helping both parties move forward with confidence. By focusing on out-of-court resolution, we help clients negotiate fair and enforceable agreements without the stress and expense of litigation. If children are involved, we can also assist in drafting a parenting agreement that sets clear expectations for custody, access, and decision-making.

Going it alone can cause issues down the road. Contact us to discuss how we can help you achieve a smooth and legally sound separation.

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What We Do

What a Legal Separation Agreement Can Do

Divide Property Fairly

Outlines who keeps what assets and debts

Set Support Terms

Establishes spousal and child support obligations

Clarify Parenting Rights

Defines custody, access, and decision-making responsibilities

Avoid Court Battles

Resolves issues through agreement, not litigation

Provide Financial Stability

Ensures financial security during and after separation

Top 12 Questions on New Brunswick Separation Agreements

What is a separation agreement?

A separation agreement is a legally binding domestic contract that outlines the rights and responsibilities of separating spouses or common-law partners. It typically covers property division, spousal support, child support, and parenting arrangements. This agreement helps both parties settle matters out of court, reducing stress, legal fees, and uncertainty.

Is a separation agreement legally required in New Brunswick?

No, a legal separation agreement is not required in New Brunswick, but it is highly recommended. Without one, disputes over assets, support, or parenting arrangements may arise, leading to costly and time-consuming court proceedings. Having a written agreement provides clarity and legal protection for both parties.

Can we draft a separation agreement without a lawyer?

Yes, you can draft one yourselves, but without legal guidance, it may not be enforceable. Each party should seek independent legal advice to ensure the agreement is fair, complies with New Brunswick laws, and protects their rights. Courts may not uphold an agreement if one party did not fully understand it or signed under pressure.

Does a separation agreement need to be notarized in New Brunswick?

No, notarization is not legally required. However, both parties must sign the agreement voluntarily, preferably after receiving independent legal advice. While notarization can add an extra layer of protection, it is not a substitute for proper legal review.

What happens if my ex doesn’t follow it?

If a party violates the agreement, the other can seek court enforcement. Courts in New Brunswick generally uphold properly drafted separation agreements, especially when both parties had independent legal advice. For child support and parenting agreements, the court may modify the terms if circumstances change significantly.

Can a separation agreement include a parenting agreement?

Yes, a parenting agreement can be part of it. It should detail custody, decision-making responsibilities, visitation schedules, and any other parenting arrangements. Courts prioritize the best interests of the child, so a parenting plan should be detailed, practical, and adaptable to future needs.

Can we change a separation agreement later?

Yes, if both parties agree, you can make changes by drafting an amendment. If one party refuses to change the agreement, you may need to negotiate or apply to court for modifications, especially for child support and parenting agreements, which must align with current laws and the child's best interests.

Would this mean we are legally divorced?

No, a legal separation agreement does not grant divorce. You remain legally married unless you file for divorce under the Divorce Act. However, drafting a well-thought out and considered separation agreement can simplify the divorce process by resolving key issues in advance.

Can we settle everything without going to court?

Yes, these are designed to help couples achieve an out-of-court resolution. By negotiating terms privately or through mediation, you can avoid lengthy court battles and maintain more control over the outcome. Courts typically only get involved if disputes arise or legal intervention is necessary.

How long does it take to finalize a separation agreement?

The timeline depends on the complexity of the issues and how cooperative both parties are. Simple agreements can be finalized within weeks, while more complex cases involving significant assets, support, or parenting agreements may take several months. Working with a lawyer or mediator can streamline the process and ensure a fair resolution.

What if we can't agree on the terms?

If you and your partner can’t agree on terms, you may consider mediation, where a neutral third party helps both sides reach a fair resolution. If mediation fails, you may need to resolve the dispute in court, which could result in more time and expense.

Can a separation agreement cover debts and liabilities?

Yes, a separation agreement can outline how debts and liabilities will be divided between both parties. This includes mortgages, credit card debt, loans, and any other financial obligations accumulated during the relationship. Clear terms on debt division can prevent future disputes and ensure both parties understand their responsibilities.