Why Is It Important to Have a Separation Agreement After Family Mediation?
Even though it may seem superfluous to sign such a legally binding document, doing so actually provides peace of mind for the separated couple. This article explains why exactly signing this document is a good idea, even after the family mediation.
The Purpose of Family Mediation
Let’s start by outlining the function and benefits of family mediation.
The main objective of family mediation is to offer help to the ex-spouses when it comes to reaching a final agreement after the end of the marriage. A mediator leads the process and helps the couple create the best solution for everyone. The focus of the mediation is to foster communication between the ex-couple.
The advantages of family mediation are numerous:
- Focuses on collaboration instead of confrontation
- More flexibility for drafting the agreements
- Better chance of finding a win-win solution
- Enhanced communication in the future
As you can see, one of the benefits includes added convenience for coming up with an agreement. Couples don’t necessarily have to end up having the separation agreement during the mediation but can use that time to discuss the options and solutions. However, it’s crucial to continue with the process and don’t just satisfy with an oral agreement.
What Is a Separation Agreement?
A separation agreement is a legal document that binds two people when they get separated. This document solves most of the problems that may arise after the separation.
All duties and rights of each party are legally outlined here. This covers a range of issues such as child support, division of assets, maintenance payments, conditions of child support, breach of agreement clauses, debt sharing, and more.
Overall, this legal document allows the couple to have more certainty, closure, and finality. Also, the separation agreement brings structure to the ex-couple’s future relationship in what’s called the “post-separation” period. This is when things are more likely to go wrong.
The Dangers of Not Signing a Separation Agreement
Not signing a separation agreement can have many negative consequences. The issues can arise years after the separation as well, or anytime the couple confronts each other about a sensitive topic.
This means that a separation agreement minimizes the risk of issues between former spouses should such problematic events occur.
Things such as paying for children’s education, the proportion in which each party contributes, and similar issues can legally be encompassed by a separation agreement.
The Best Time to Sign a Separation Agreement
Even though signing a separation agreement may seem unnecessary after an amicable divorce or following a successful family mediation, the passage of time proves the opposite is true. In fact, the best time to sign one such agreement is when the ex-couple is in an amicable relationship.
By choosing this particular time, the couple avoids meeting with the counsellor one too many times, and they can discuss important details together. The counsel can simply draft the final version of the agreement for them, and that’s it. In the end, this also reduces the legal costs of drafting this document.
In short, greater control over children-related decisions, finances and property handling, as well as peace of mind and long-term tranquillity are the main reasons why ex-couples should consider a separation agreement.
How to Draft a Separation Agreement
Legalhood is a great example of an online legal service provider that can help separated couples devise a separation agreement. The whole process is done entirely online, and the only requirement is for both parties to agree to participate.
It takes around ten days to complete the process from start to finish, saving the ex-couple time, energy, and money on lawyer trips and in-person meetings.
All both parties have to do is complete an online form, provide the necessary information, and meet with a lawyer online to discuss the details of the separation agreement.
Ensuring Peaceful Future for Everyone
While couples aren’t necessarily required to sign a separation agreement after family mediation, they are certainly advised to do so. If you leave everything up to chance, you can end up with serious issues down the road. This is especially true for ex-couples with children or shared property.
To have peace of mind and ensure a prosperous and worry-free future for everyone, it’s best to draft a separation agreement even after a peaceful family mediation. If you need help to kickstart the process, lawyers at Legalhood can offer professional advice and assist in creating the document.
