A separation agreement, or divorce contracts, are often the least expensive way to deal with a divorce.
You have two options for dealing with a separation. You can either come to an agreement with your spouse or let a judge decide.
The separation agreement can also be called a divorce settlement agreement, or divorce contract.
When the parties want to sign something but want to stay married, it’s called a post-marriage agreement.
You sign the divorce contract before you file for divorce in the courts. This prevents the need to go to court and saves you time, stress, and money.
If you are separated and getting along with your spouse, right now is the time to do the divorce agreement.
You and your spouse might be fighting over something new next month. You need both spouses to sign the divorce contract.
If one or both are angry, it rarely happens.
If you need a divorce lawyer in China or Canada, we have them available. We also have paralegals who can do most of the work, and save you money.
Divorce Settlement Agreement
If you need to hire to go to the family law court, it’s a lot more expensive. Going to court is not a simple task.
Most people see TV shows where the court case goes on for about 5 minutes. In reality, you will likely have to deal with the courts for many months.
Do not get legal advice from TV shows or from friends. You need to speak to a family lawyer.
We have family lawyers in Beijing, Shanghai, British Columbia, Alberta, and Ontario.
In China, it might be possible for you to work with one of our family law consultants. In Canada, that is illegal.
You must hire a lawyer to deal with your issue. Families, friends, and consultants are not allowed to provide you with legal advice.
Canadian family laws are very complicated. The rules will also be different if you are in Vancouver, Calgary, or Toronto.
Dividing Property And Assets In China
If you are located in China, we will connect you to a lawyer there. The separation agreement often covers spousal support, child support, child custody, and property division.
The more legal issues you need to agree on, the more likely you will need to go to a family law court.
However, it’s not a waste of money to try the separation agreement before going to court. Let’s say you have three legal issues.
You have a property in Shanghai and Toronto. You also have two kids and you make more money than your spouse.
Let’s say you can agree on who will get custody of the children and you agree to make a payment to your spouse.
You put this information into the separation agreement and sign. You cannot agree on the properties. You will only need to go to court to argue over the properties.
Independent legal advice
When creating a contract, the other spouse must have legal advice. A lawyer cannot represent both spouses.
If there is no independent legal advice, the agreement will likely be thrown out by a judge.
ILA is not expensive, so make sure you or your spouse receive it before signing the contract.
In order for a contract to be valid, there also must be legal consideration.
This means that a contract that is completely one-sided will likely be thrown out by a judge.
You need to make sure the agreement is fair for you and your spouse. Most important are any children you have.
A court will always make decisions that are best for the children.
A judge doesn’t care how much money you want as much as they care what is best for a child.
Issues regarding the child must be approved by a judge
You can agree to issues for the child in the separation agreement. However, the court will still have to approve them.
You can attach a copy of your signed separation agreement with your divorce papers and file it with the courts.
This will show the judge what you want to have happened with the children. However, the judge must approve.
The costs of the separation agreements will vary depending on your situation. There is no set price for the entire legal industry.
It’s best to reach out to us today to get a quote.
If you need a divorce lawyer in Beijing, Shanghai, or any of the other major cities in China, let us know. We will connect you with one.
If you have a property in Canada, you will need to hire a lawyer in Canada. A lawyer in China cannot practice Canadian law.
We have lawyers in both countries.
When someone goes through a divorce and makes more money than the other spouse, they often have to pay money to the other spouse.
We can help you calculate the amount of money that you should pay or should be paid.
We are the legal bridge between Canada and China
Clearway was designed to help Chinese people find a lawyer easier. Also, we educate Chinese people on the benefits of hiring a law firm.
The legal industry is new in China. Therefore, most people don’t know why and how to hire a lawyer.
In the past, most people would ask their friends for legal advice.
In most cases, their lawyer was not a lawyer. The friend would then search on Baidu or WeChat to try and find the answer for their friend.
Of course, the information they quickly found could have been wrong.
China is becoming more modern. It is time for Chinese people to hire a lawyer and get professional legal advice.
Using information and software to create the separation agreement
You have worked hard to build your family and wealth. Don’t lose your money, property, and family because you want to ignore your problems.
Ignoring problems does not make things better. Deal with your problems with the professional advice from a law firm.
Contact us today so that you can get proper legal advice from our family law team.
Let us know in detail what your family law issues are. The more useful information you give us, the better we can assist you.
If you have children or property, you will need to get a separation agreement.
The courts will not approve your divorce papers before you deal with these issues in a separation agreement.
Dividing assets and debts In China
Banks will also want to see a separation agreement before they change your mortgage and property title.
They will want to see that you and your spouse have agreed on all the issues.
The banks do not want to get involved in divorce court battles. They will also want to see that you had the contract professionally drafted.
They will not accept an agreement that you downloaded on the internet.
If you started your own contract, you can hire a lawyer to finish the divorce agreement for you.
You can sign the separation agreement at any time. In Canada, you need to wait a year after being separated to get approved by the courts for a divorce.
However, you can sign the separation agreement at any time.
Read more articles about living in China:
- Access To Justice Issues
- Doing Business In China
- Should Divorce Be Easier In China?
- Raising Money In China
- Lawsuits Against A Chinese Company
Create a legally binding separation agreement
We recommend doing the separation agreement as soon as possible. If you and your spouse are still talking, it’s a good time.
You never know if you and your spouse will be arguing in a few months. Many there will be some jealously if one of you starts dating someone else.
Now because of jealously, your spouse or you won’t want to sign the agreement anymore.
Now you need to spend a lot of money on a law firm to speak to a family law judge.
The main things that go into the agreement are spousal support, debts, properties, child custody, and spousal support payments.
Depending on your situation, there might be additional information.
The cost of the divorce contract or separation agreement will depend on if you can work with a consultant or not.
Either way, the cost of a separation agreement can be between 4500 ¥ to 15,000 ¥. The cost will depend on how complicated your matter is.
Speak to us to get a quote.
Author: Alistair Vigier is the CEO of Clearway and can be reached on Wechat at: alistairvigier