When a couple's final decision is to live apart, reaching an agreement within amicable terms will always be better than going through the painful process of a lengthy and costly divorce, since the agreement allows for a clear and efficient resolution of legal, financial and family issues such as child custody, child support and division of assets.  

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In our previous blog, we discussed prenuptial and cohabitation agreements to lay a solid foundation of cohabitation for immigrant couples in Canada. Today, we address an equally important topic, but with a different focus, which is that of effectively agreed separation or immediate divorce. Read with me to the end and reflect on what is the best decision for the couple and their children. Let's get started!

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What is a separation agreement?

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A separation agreement is a legal document that sets forth the terms under which a couple decides to live apart without resorting to immediate divorce. Its main function is to resolve issues such as:

• Custody of the children, to define who will be responsible for the care of the children and how visitation will be organized.
• The support and establishment of the financial obligations of each party, including financial support for the children or spouse.
• The division of assets and debts, to detail how assets and financial responsibilities acquired during the relationship will be divided.

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What is an immediate divorce?

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Immediate divorce, also known as express divorce, is a legal procedure that allows a marriage to be dissolved quickly and efficiently, usually when both parties agree on the terms of the separation. This immediacy may seem like a practical solution, but it has several aspects that should be considered calmly.

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Factors to consider in immediate divorce

• The superficiality of decisions. Keep in mind that the speed of the process can lead to decisions about custody, support and division of property being made in haste, without adequate reflection.
• An accelerated emotional impact, plus the lack of time to process the separation may intensify feelings of stress, anxiety or regret.
• Conflicts and disputes as a result of the speed with which the decision to divorce is made, which often overlooks underlying problems, leaving tensions or resentments and important issues unresolved.
• Higher and even hidden costs. Although it may initially appear cheaper, the lack of well-thought-out agreements may result in future litigation or legal adjustments that increase costs in the long run.
• Social stigmatization. In some cultures, the speed of divorce may be seen as a lack of commitment, which could lead to social or family judgments.

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What are the benefits of the separation agreement?

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Although it may be difficult to imagine drafting a separation agreement when you still share a common sentimental life history, recognizing the need to organize certain practical aspects, once separated, can make the difference between a painful process and a more manageable and orderly one.

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The decision of a separation agreement benefits the ex-partner and the children, and confers advantages that are above and beyond the overwhelming nature of the process itself. From there we have that:

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• The resolution is clear and efficient, because the agreement unequivocally establishes the terms of the separation, which avoids lengthy and costly litigation, as well as disagreements that may arise if there is no legal framework. 

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A great advantage is that decisions about custody, support and division of assets are already defined, benefiting both parties by being able to focus on their new stage of life with more calm and peace of mind.

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• Conflicts are reduced by having an agreement in advance, emotional tensions are reduced and prolonged disputes are avoided. 

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The fact that every important aspect is previously resolved creates an associated climate of fair and consensual terms.

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• It can be adapted to the Canadian legal framework, which favors immigrant couples who see in the new country a different legal system and to which they must integrate. The separation agreement gives them the opportunity to have documentation that supports their decisions and guarantees that everything will be done in accordance with the current legislation, protecting the rights of both parties.

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Responsible separate living in Canada

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Living an effective and amicable separation is a viable option for many immigrant couples who, upon arrival in Canada, find that their paths have diverged despite having shared dreams and projects together. In this context, the elaboration of a separation agreement is not a sign of failure, but a practical and responsible way to be able to resolve in an orderly and fair manner all the delicate issues involved in a separation.

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It is sad to say, but many immigrants come to Canada with shared dreams and desires, build a life together and, in time, decide to separate, perhaps because their professional and/or personal futures point in different directions. In this reality, it is preferable to reach an effective separation agreement and not an immediate divorce, since this first option is the same as being divorced, but without the emotional trauma of doing it so quickly without even assimilating the affective process and organizing the new way of life.

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The separation agreement brings with it the advantage of a transparent and neutral handling of the most sensitive issues. In this way, both parties can feel reassured that they have done everything possible to avoid conflicts in the future, and that their separation will be carried out as agreed, without unpleasant surprises or legal uncertainties.

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Who to turn to for a reliable separation agreement?

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Undoubtedly, the drafting of a separation agreement should be done by a team of professionals with expertise in family law who know how to draft an Effective Separation Agreement. It is not advisable to resort to this remedy on your own or on behalf of a well-meaning family member or friend. In Canada, there is certified and specialized advice in provincial and federal legislation. ‍

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At our firm, Immiland Law, we are committed to the immigrant population and provide them with comprehensive and personalized services to support them at every stage of their journey, including separation.

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Family Law Services at Immiland Law

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Our firm offers specialized services ranging from family law to representation in probate, business matters and more. 

• Personalized advice to analyze your particular situation and draft the separation agreement so that it accurately reflects your needs and objectives, always within the framework of the law.

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• Facilitation of the dialogue process through open and honest communication between the parties involved, helping you reach clear and accurate agreements on custody, support and division of assets and debts.

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• Comprehensive protection through a solid and well-structured agreement to ensure that the separation is carried out in an orderly manner, reducing the likelihood of future litigation and providing a solid foundation for each individual's fresh start.

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The separation agreement is not about anticipating failure, but about managing the reality of separation as transparently and fairly as possible, allowing everyone to continue on their way without unnecessary legal or emotional burdens.

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I hope this topic will be of great help and you can reflect on the best decision in case of separation. Peace of mind is priceless. Remember that at Immiland Law we are here to support the immigrant in handling family matters in an effective and sensitive manner. Contact us to schedule an appointment.

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Thank you for reading us. Don't miss our next blog on legal mediation to resolve family conflicts - see you!

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With love, 

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Immiland Law Professional Corporation