What should go in a separation agreement in Newfoundland and Labrador?
This answer covers the law of Newfoundland and Labrador.
A separation agreement should cover everything you have settled, including property, debts, support, parenting and any pensions, and it must be in writing, signed by both of you and witnessed to be enforceable. People who have cohabited in a conjugal relationship and are living separate and apart may enter into one.
Start with full financial disclosure, because a court may set an agreement aside if a party failed to disclose significant assets, debts or other liabilities, or did not understand its consequences. Under the Family Law Act, a signed agreement on property or support generally displaces the Act's default rules. Under the Act, either spouse may apply to have matrimonial assets divided in equal shares, though gifts, inheritances, business assets and property acquired after separation are excluded, and a court can divide unequally where equal shares would be grossly unjust. An administrator must divide a pension under a separation agreement, but not if it is incomplete, unclear or the member objects.
For children, the presumptive child support amount is the table amount plus any special or extraordinary expenses, and parents living apart must encourage the child's continuing relationship with the other parent. Have a lawyer review your draft before you sign.
Key takeaways
- A separation agreement is unenforceable unless it is in writing, signed by the parties and witnessed.
- Include full financial disclosure, because a court may set an agreement aside if significant assets, debts or other liabilities were not disclosed.
- Spell out any pension division clearly, because an administrator must not divide a pension if the agreement is incomplete or unclear.
- For children, the presumptive child support amount is the table amount plus any special or extraordinary expenses such as child care, insurance premiums and education.