Manitoba Estate Law
Separation Agreement Lawyers in Winnipeg
Respected Lawyers Help Winnipeg Clients Draft Sound Separation Agreements
Welcome to Visionary Law, a highly regarded family law firm serving clients in Winnipeg, Manitoba. With a deep understanding of the local laws and regulations pertaining to family law, divorce, and separation agreements, our dedicated team of experienced lawyers is committed to providing exceptional legal guidance and support.
At Visionary Law, we specialize in assisting clients with drafting comprehensive separation agreements before divorce, ensuring a smooth and equitable transition for all parties involved. Our goal is to protect your rights, assets, and the best interests of any children involved, while adhering to the specific provisions outlined in Manitoba’s family law framework.
Trust Visionary Law to provide compassionate, tailored legal solutions that reflect your unique circumstances and goals, as we strive to achieve the best possible outcome for you and your family.
Advantages of a comprehensive separation agreement
A separation agreement can give you everything a court can give you with the exception of a divorce. Our knowledgeable lawyers can review your situation and determine if drafting a separation agreement is in your best interests. Depending on your circumstances, your separation agreement may include provisions that cover:
- Children: Under Manitoba law, your separation agreement may contain details about your parenting arrangement. This includes specifics about whether custody will be sole or joint, and whether you have primary care and control or shared. It can also provide instructions regarding access and visitation for the non-custodial parent. Our legal team has a wealth of experience negotiating custody provisions for clients throughout the province of Manitoba.
- Support: A comprehensive separation agreement can also lay out provisions for financial support for separated spouses, common-law partners, and children.
- Assets: Separation agreements are useful for identifying marital and separate property and explaining the division of property and assets.
- Debts: If either spouse has accrued a substantial amount of debt, a lawyer can add a provision that details how a couple agrees to divide the balance.
Separation agreements can include provisions on a wide range of issues including who has the right to live in the family home and who has estate rights on the death of each spouse.
Although not required, separation agreements can increase your chances of separating or divorcing amicably from your spouse,but only if the document is thorough and well-written. Our lawyers work diligently to gather information and help you draft a separation agreement that accurately lays out your objectives and wishes. With such an agreement in place, you can avoid court proceedings, or at least shorten existing proceedings.
Do I need a lawyer to create a separation agreement in Manitoba?
You do not necessarily need a lawyer to create a separation agreement in Manitoba, but it is highly recommended. While it’s possible to draft an agreement without legal representation, separation agreements are legally binding documents that can have long-lasting implications for both parties.
A family lawyer can provide several essential benefits:
- Legal Expertise: Lawyers are well-versed in Manitoba’s family law, ensuring that your agreement complies with all relevant laws and regulations.
- Objective Guidance: Lawyers can offer impartial advice, focusing on your best interests while helping you understand your rights and responsibilities.
- Negotiation Skills: They can assist in negotiations, helping you reach fair and equitable terms with your former partner.
- Preventing Errors: Lawyers can help avoid common pitfalls and errors that may lead to disputes or unenforceable terms.
- Enforceability: Legal professionals ensure that the agreement is enforceable and can withstand legal challenges.
- Protecting Your Interests: They work to protect your financial and parental rights, providing a sense of security during a challenging time.
While it’s not mandatory to involve a lawyer, given the complexities of separation agreements and their potential impact on your future, seeking legal counsel is a wise choice to ensure a well-crafted and legally sound agreement that serves your best interests.
How is property and debt division handled in Manitoba separation agreements?
In Manitoba, property and debt division in separation agreements is handled with the aim of achieving fairness and equity. When a couple decides to separate, they typically negotiate and outline how their property and debts will be divided. Here are the key considerations:
Equalization of Net Family Property: Manitoba employs a principle of equalization, where the increase in the net family property of each spouse during the marriage is calculated. The spouse with a higher increase must make an equalization payment to the other spouse to achieve a more equitable division.
Exemptions: Some assets, such as gifts or inheritances received during the marriage, are exempt from equalization. It’s crucial to identify exempt property and include it in the agreement.
Valuation: Accurate valuation of assets and debts is essential. This often involves assessing the current value of real estate, investments, vehicles, and outstanding debts.
Family Home: Decisions about the family home are vital. Couples must decide whether one spouse will retain the home, and if so, how the equity will be distributed.
Debts: Debts acquired during the marriage must also be addressed. The agreement should specify how these debts will be divided.
Retirement and Pensions: Consideration should be given to any pensions, retirement accounts, or other assets that have accumulated during the marriage.
Flexibility: Separation agreements allow for flexibility. Couples can negotiate terms that suit their unique situation, as long as they comply with Manitoba’s family laws.
Legal Counsel: Seeking legal advice is advisable during this process. A family lawyer can provide guidance and ensure that the agreement adheres to provincial laws.
It’s important to note that the specifics of property and debt division can vary from case to case, and individual circumstances will influence the terms of the separation agreement.
Request an Initial Consultation
Located in Winnipeg, Visionary Law is committed to advocating for family law clients across the Manitoba province. For more information on our services or to schedule an initial paid consultation, call (204) 515-6020 or fill out the form below.
Please complete the form below to request a family law consultation with Visionary Law. We will contact you as soon as possible to schedule an office visit. Information shared with our office in this form and during our consultation is and will remain private and confidential.
Read Our Reviews
Beyond my expectations.
When looking for a lawyer, I wanted someone who not only was good at their profession but also someone who truly listened. Lillian became invested in me and my situation from the beginning. Taking on a unique situation of a break up where the other party wouldn’t leave. She offered advice both legally and personally to me. Beyond anything I had experienced with a lawyer before. When I needed a lawyer, she took the time to listen to me. Not only discussing my options but also giving me clarity and hope. Lillian is an amazing lawyer and an incredible giving person. I’m so glad I found her as she had my back when I truly needed it. In the most stressful time of my life, she cared as a professional and as a person. She is my lawyer for life. Thank you Lillian for all your expertise, knowledge and caring! Ms. C
– Candace C.
Honest, high quality service.
Needing to access a lawyer for Family Law for the first time was an emotional experience. Visionary Law Corp provided a safe supportive environment. I appreciated the honest and high quality service managing the challenges and resolving issues on the road to finalizing my divorce.
– Jennifer P.
Professional, innovative, comforting.
For five years Lillian and her team were there to walk me through my divorce despite the dragging heels of my ex. Finally done due to some smart thinking on Lillian’s part, it must be said that I always had a listening ear and felt comfort and support by everyone at Visionary. I may need to drop in for coffee just to keep in touch.
Easy to communicate with.
I first talked to Lillian Mac Kenzie on the phone when I was”shopping” for a separation/divorce lawyer.I chose her to represent me because I found her easy to communicate with from that very first phone call. She immediately understood that my ex and I were on good terms and just looking to split everything fairly. I always feel comfortable asking her questions.Even though she may not always agree with me,she explains the consequences clearly and respects my decisions.
– Cathy G.
I’ve never really participated on writing reviews but I feel that this one is a must to do as I was very pleased with their service. Miss Lilian Mckenzie was the one that helped me with my divorce and when I sold my home. I was very happy with the outcome . Not only she is intelligent she is also attentive, compassionate and easy to talk too. I filed my divorce paper with her in January and by May Igot my divorce certificate. A big lift off my shoulder. Her price was very reasonable too., thats why I asked her to look after the selling of my home and that’s done in a peaceful manner as well. Her assistant Elsa is great too. Every person that answers the phone in her office is very helpful. Therefore I highly recommend that with any legal matter call Lilian from Visionary Law. THANK YOU SO MUCH LILIAN AND ELSA!!!!!!!!
– Rose D.
Professional and very helpful advice.
A friend of mine referred Lillian to me as I was going through a divorce. He spoke very highly of Lillian and her staff. I contacted her to schedule a meeting. I was very impressed with her and her staff. I was hoping to have this stage of my life completed so that I could get on with adapting to the new changes and getting on with the rest of my life. This was a very trying time for me both emotionally and physically. From the first meeting to the signing of the divorce papers, Lillian and her staff were friendly,very professional and understanding. I always felt that they cared about me and my interests. Would I do anything different? No! The divorce was done in a timely fashion and it was treated with a very high level of attention to all details. I have gone back to Lillian and her staff when I purchased my house and created a Will.
– Joseph P.
I really really appreciate the co-operation.
Back in December 2017, when no one agreed to take my case, just because I was out of town. I came across Visionary Law Firm via internet. I requested for consultation, which shed half of my burden when they told me there is no problem being out of town. I desperately needed divorce because being in that relationship was troubling my mental health. Kylee, Elsa & Lillian helped me a lot a lot! legally & emotionally as well. They listened to me very carefully, which I much needed that time. I’d like to Thank the team for getting me out of the mess so easily. I really really appreciate the co-operation & all the work they did for me, saving me the trips as well. I’d highly recommend Visionary Law Firm for the people who need someone to help in their legal matters without the excess stress. Thanks once again guys!
– Norm J.
Smart, Informative and Honest.
Lillian is a smart, informative and honest lawyer. She has a wealth of knowledge and takes the time to explain things for you. Lillian took care of my separation agreement and divorce. During that difficult time, she was there when I needed her most. Although lawyers can be expensive, Lillian is definitely worth it and not to mention, things are being handled properly. I would recommend Lillian to anyone!
– Lara C.