FAQs: Legal Review
It is a formal legal contract covering all financial and parenting matters arising from the separation. It includes agreements on property division, spousal support, child support, parenting arrangements, and important decisions about the children. It is legally binding once it has been signed by both parties. In some provinces it is required to receive independent legal advice before signing. It is the legal document for the legal separation.
The Resolution Plan tells the full story of the settlement: how each decision was reached and why each outcome makes sense for both parties. The Separation Agreement captures the legal terms in precise, enforceable language. Both documents travel together to the independent legal advisors so that they have the full picture.
No. It is a legally binding private contract between two parties. A court filing is not required for it to have legal force. If enforcement ever became necessary, the agreement can be filed to obtain a court order. Most clients never need to take that step, because the agreement was built through a process both parties engaged with fully and understood completely.
Minor clarifications can be addressed without difficulty, such as a term that could be worded more precisely, or a provision that needs a small adjustment. If a family law lawyer identifies something substantive, then your Divorce Resolution Expert will be involved to ensure any changes remain consistent with what was agreed in mediation. The Independent Legal Advice (ILA) stage is designed to confirm the agreement, not reopen the discussions behind it.
The time it takes depends on the complexity of your situation. Cases involving child custody, business interests, multiple properties, or detailed parenting provisions may take longer to finalize. Your Divorce Resolution Expert will provide a realistic expectation once the Resolution Plan has been finalized.
Yes. As a legal contract the Separation Agreement is enforceable. If a term is not being complied with, the agreement provides the basis for seeking a court order to enforce it. The Fairway Divorce Solutions process produces agreements that both parties made together, understood fully, and signed after independent legal advice. It is the most reliable foundation for lasting compliance.
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