Quick Separation Agreements
DIY Separation Agreements: A Faster Path Forward
When couples decide to separate, time is sometimes of the essence. While all couples separating should hire lawyers as they provide valuable expertise, creating a separation agreement, creating a DIY agreement without lawyers can significantly speed up the process. Here's why drafting your own separation agreement can be faster and what you need to know before choosing this route.
The Time Advantage
Traditional lawyer-negotiated separation agreements typically take 6 months to a year to complete, sometimes longer if negotiations are complex. In contrast, motivated couples can draft a separation agreement in as little as a few days to a few weeks.
This acceleration happens for several reasons:
Direct Communication
When couples work together directly, they avoid the back-and-forth communication delays inherent in working through lawyers. There's no waiting for attorney availability or responses between offices. Questions can be answered and decisions made immediately.
\Simplified Negotiation
Without lawyers acting as intermediaries, couples can have frank, direct discussions about their wishes and concerns. This direct dialogue often leads to faster resolution of contentious points, as emotions and positions aren't filtered through legal representatives.
Flexible Scheduling
Couples can work on their agreement whenever it's convenient for them - evenings, weekends, or lunch breaks. They're not constrained by law office hours or attorney availability.
Important Considerations
While separation agreement templates can be faster, they're not suitable for every situation:
When to Consider DIY
- Both parties are amicable and willing to cooperate
- The financial situation is relatively straightforward and there has been full and accurate disclosure by both sides
- There are no complex assets to divide
- Both parties feel capable of advocating for themselves
- Neither party feels pressured or intimidated by the other
When to Seek Legal Help
- Complex financial assets are involved
- There are contested parenting issues
- There's a significant power imbalance between parties
- One party feels pressured or unsafe
- International issues exist
- Substantial retirement accounts or businesses need to be divided
Best Practices for Success
To ensure your separation agreement is both quick and effective:
Document Everything
Keep detailed notes of all discussions and decisions. Even if things seem clear now, memories can fade or differ later.
Use Templates Wisely
Start with a legal template appropriate for your province, but customize it to your specific situation.
Consider Legal Review
Even if you draft the agreement yourselves, having a lawyer review the final document can help ensure it's legally sound and protects both parties' interests. This hybrid approach is still faster and less expensive than full legal representation.
Final Thoughts
While DIY separation agreements can significantly speed up the separation process, the goal should be to create a fair and lasting agreement, not just a quick one. Take the time to understand your rights and responsibilities, and don't rush past important details just to finish faster.
Remember that investing a little extra time in creating a thorough agreement now can prevent significant delays and expenses from future disputes. If at any point the process becomes too complex or contentious, don't hesitate to seek legal counsel.
*Disclaimer: This article provides general information and should not be considered legal advice. Laws vary by jurisdiction, and individual circumstances may require professional legal guidance.*
