Many couples going through a separation consider drafting their own agreements to save on legal fees. While it may seem like an easy way to cut costs, this DIY approach can lead to greater legal expenses down the road. In this post, we’ll explore some common pitfalls and potential consequences of skipping legal advice when putting together a separation agreement.
1. Lack of Legal Knowledge
One of the biggest risks of trying to draft your own separation agreement is not fully understanding the laws that apply to separation and divorce in British Columbia. Family law is complex, and your agreement will likely cover a wide range of issues, from asset division to child support and parenting arrangements. Without a clear understanding of the law, you might end up including terms that a court won’t enforce or agreeing to conditions that could work against your best interests.
2. Inadequate Consideration of Future Needs
DIY separation agreements often miss important details about what might happen down the road, like changes in income, moving, or unexpected expenses. For instance, if the agreement doesn’t account for future education costs for children or how job changes might affect support payments, it could lead to disputes later on. A well-crafted separation agreement plans for these situations and sets up a clear path for resolving them when they arise.
3. Inequitable Agreements
Relationships often come with power imbalances, and drafting your own separation agreement can sometimes make this imbalance worse. Getting independent legal advice ensures that both parties’ interests are fairly represented, helping to create a separation agreement that is both balanced and just.
4. Insufficient Detail
Separation agreements need to be clear and precise to avoid any confusion. If the language isn’t specific enough, key issues like property division, debt responsibility, and parenting arrangements can become unclear. This ambiguity can lead to misunderstandings and future disputes, which defeats the whole purpose of having a separation agreement in the first place.
5. Overlooking Tax Implications
When separating, it’s easy to overlook the tax implications tied to your separation agreement. For example, dividing assets could have tax consequences that impact both you and your ex. A lawyer can help you navigate these tricky details, making sure both parties understand any potential tax liabilities or benefits before moving forward.
6. Emotional Bias
Separation is already a tough and emotional process, and it’s easy for feelings to cloud your judgment. When you try to draft a separation agreement on your own, emotions can sometimes lead to decisions that aren’t in your best interest. That’s where a lawyer comes in – offering an objective viewpoint and helping you make choices grounded in solid legal principles, rather than letting emotions take the lead.
7. Courts can set aside and/or vary agreements
The Family Law Act is the cornerstone of family law in British Columbia, providing the framework for the court to set aside or vary any part of an agreement.
A separation agreement can be challenged for a variety of reasons, including, but not limited to:
(a) Unenforceable provisions;
(b) Ambiguity in the terms;
(c) Coercion or duress at the time of signing; and/or
(d) Misrepresentation of key facts (such as hidden assets).
These issues can escalate into expensive legal battles. Seeking legal advice from the outset significantly lowers the risk of the court setting aside or varying a separation agreement.
Conclusion
It might be tempting to draft your own separation agreement to save on costs, but the risks often outweigh the benefits. Without the right legal knowledge, it is easy to overlook important details. The potential issues can quickly add up, making it more trouble than it’s worth. Our family law team at Watson Goepel LLP is here to help you. Consult with one of our family lawyers who can provide valuable guidance, ensuring that your agreement is fair, comprehensive, and legally enforceable.
