Contemplating the breakup of a marriage is never easy. Often,
the decision is made only after a long period of heartbreak,
soul-searching and agonizing uncertainty, especially where
children are involved.
More and more couples wish to minimize the
conflict, to have an amicable dissolution of the union in
a climate that fosters agreement.
If your are among them, your notary can advise
you on the legal effects of separation and divorce.
Trusted family advisers over the years, notaries
specialize in civil law, including matrimonial law. Their
university training and experience in drawing up contracts
make them out-standing legal advisors. Your notary can inform
you and guide you through the legal process leading to separation
But, first, are you aware of the difference between separation
What should the draft agreement
The agreement settles all questions arising
out of the marriage breakup. For example:
- Who will have custody of the children
? Who will take them at Christmas or during school vacations?
- Who will pay the cost of their schooling?
- Who will remain in the family residence?
Must it be sold instead?
- Who will keep the furniture ?
- Who will pay off the spouse's joint
- Will there be alimony or child support?
How often will the payments be made? For how long ?
- How will the family patrimony be
- How will the spouse's pension
plans be affected? etc...
Statistics tend to support the view that an amicable separation
or divorce has positive short-and long-terme effects, as compared
to a decree obtained in a climate of confrontation and contestation.
An amicable agreement between the parties
shortens the process and reduces legal costs and fees. Moreover,
children are less traumatized by the experience when their
parents can communicate and agree despite their differences.
There are no winners or losers in the
judgment, since it ratifies the result of negociations and
agreements freely entered into by responsible individuals
wishing to decide their future for themselves.