It is possible to modify an agreement, either by agreeing to both parties to modify it, or by a court that orders an amendment. It is strongly recommended that you consult a family lawyer in Nova Scotia to write your separation agreement. You can see on the Internet separation agreements for example or kits bought in store to write your own agreement. Be very careful when using models that you will find online or kits that you buy in a store. No organization verifies whether these models or kits are correct or available in a format accepted by the Nova Scotia courts. The only way to know that the agreement you are using is in the right format is to go to a family lawyer, preferably one who works in Nova Scotia. It is important to note that the divorce law does not apply to unmarried couples. Therefore, each province and territory has passed laws/requirements with respect to common pairs of laws. We have prepared a short list of all the provinces and territories to help you understand how long you need to live together to be in common law in Canada.
If you decide to register your separation agreement with the court, you can use this guide to help you. We provide sample sentences (called clauses) that you can adapt to your situation. You can also add your own clauses. The situation of each family is different. Your agreement must meet the needs of your family. There is no formal procedure necessary for common law couples to separate and no divorce is necessary. Common law couples can dissolve their connection at any time without the need for legal action. Many couples solve all the problems between them by concluding a written separation agreement. Such an agreement allows them to avoid court proceedings or shorten existing proceedings, with the exception of the procedures necessary to obtain the divorce order to end their marriage. However, an agreement cannot change a parent`s legal rights with respect to custody of their children, in accordance with the Family Maintenance Act.
Click here for a list of laws that may apply to you if you separate from your common law partner. The court does not prepare separation agreements. Lawyers usually prepare separation agreements. Sometimes you can ask the court to register your signed separation agreement. A situation of unjustified enrichment would occur if one partner had sacrificed his career to take care of the children, to help the other partner grow in his business or work. . . .