Becoming Familiar With Your Amended Marital Separation Agreement

Marital separation agreements are legally binding contracts that define how spouses will distribute assets during a legal separation.  The terms of the agreement can also be used to establish who the children will live with permanently, and the range of visitation privileges that the non-custodial parent receives.  A well-prepared agreement alleviates some of the pressure associated with a separation and provides the couple with time to make a final decision about the marriage.

In some cases, it becomes necessary to amend the separation agreement.  Depending on the nature of those changes, it may just be a matter of having attorneys make those changes.  Some changes may require the intervention of a court.

Simple Amendments

The best case scenario with an amended marital separation agreement is for both parties to agree that the change is desirable for everyone involved.  Since both spouses are in support of the change, it is often possible to have an attorney draft and file the amended document.  From the time it is signed and approved, it will become the standard for evaluating the nature of the arrangement between the two parties.

For example, the non-custodial parent may want to spend more time with his or her children.  The custodial parent believes this is in the best interests of the children and supports the other spouse’s wish.  Since there is no disagreement between the two parties, it is a simple matter to restructure visitation terms to allow the non-custodial parent to be more active in the life of the children.

Involuntary Amendments

Both spouses may not always be in favor of an amended marital separation agreement.  When this is the case, the court will seek to determine the reasons for the requested amendment and whether it is equitable and fair.  Once the court makes the decision, it is not likely to change.

Changes in the financial status of one or both partners are one of the more common reasons to seek an amended marital separation agreement.  Perhaps the party that is providing temporary financial support loses his or her job.  This makes it impossible to provide the same level of support.  When employment options look bleak, a court may be willing to suspend or release the party from the responsibility to provide spousal support during the separation period.

Another example of an amended marital separation agreement that occurs involuntarily is when one spouse comes to believe there is a reason to change the permanent residence of the children.  This could come about if the non-custodial parent believes that circumstances have changed to the point that he or she can provide a more stable environment for the children.  Assuming that the court finds this to be the case, the portion of the agreement dealing with child custody will be altered accordingly.

When Does the Possibility for Amendments End?

Until one or both parties choose to file for divorce, the amended marital separation agreement remains in effect.  At that point, there is the option of incorporating the terms of that agreement into the divorce decree, subject to the approval of the court.  As long as the couple chooses to remain separated rather than seek a divorce, the agreement continues to govern the legal aspects of the union, and can be amended further if necessary.

It is important to remember that the creation of an amended marital separation agreement does not necessarily mean that a divorce will happen.  Many couples find that by establishing this agreement and then incrementally making some changes to it allows them time and space to work through their marital issues.  When this is the case, there is always the possibility of approaching the court, explaining that the two parties have decided to reunite, and that the agreement is no longer needed.  Assuming the court is convinced that this is in the best interests of the children, the request to dismiss the agreement will be granted and the couple will once again function as a united family.

Fine & Associates have the best divorce lawyers in Toronto to help get you through your separation. Our family lawyers welcome any questions that you may have.