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What is the Purpose of a Separation Agreement?

Video: What is the Purpose of a Separation Agreement?

By: Steven Benmor, B.Sc., LL.B., Family Lawyer

Jurisdiction: Ontario (Canada)

… and at the very begining of the agreement, it usually says something like, “this agreement is a full and final settlement of all of your legal affairs.” And then it lists what those issues are, whether it’s the children or property issues, and so forth. So it’s not, unless it’s a temporary agreement, a final agreement is the complete deal. It’s everything from A to Z, it settles everything. And then later on in the agreement you would find a section that says, “And in case either of you get a divorce, the agreement will survive the divorce.” So the divorce does not cancel the agreement, on the contrary, the agreement servives the divorce. In fact, the divorce will be made but the agreement will continue. And that is something you should look in your agreement to see if it actually says that because normally they do. The whole idea behind agreements is to avoid having to go to court so that everything can be resolved in an amicable way, inexpensively and quickly. … (click here for more)

Steven Benmor

(’First Take Live’ video clips courtesy of Dan Carter Productions. Original Broadcast: 2007) About the author: Steven Benmor practices Family Law in Toronto, Ontario, Canada. Visit Steven Benmor’s online Family Law Resource Center for concise answers to many more frequently asked Family law questions, feature articles on Family law topics, dozens of links to other Family law websites, and more at The information on this page is for discussion purposes only. It is by no means legal advice or even a statement of the law on this subject. Please do not rely on the accuracy or completeness of this information. Any question or concern elicited by the information on this page should be taken to a lawyer who will consider the facts of each case and the legal remedies available.