A separation agreement is a powerful legal document. Your separation agreement should follow family law. 

You can make a separation agreement with the help of a lawyer or without a lawyer. The law does not say that a lawyer must write your separation agreement.

But even if you decide to make your own separation agreement, it is best to meet with a lawyer first to learn about what the law says, your legal rights and responsibilities, and your child’s rights. And it is best to do this before you talk with the other person about what your separation agreement should say.

There are many reasons to meet with a lawyer before you begin. A lawyer can:

• make sure what you want is clearly explained
• tell you if your ideas about what the agreement should say are fair or not
• tell you if your ideas follow family law
• explain the risks and benefits of your ideas
• advise you about your legal rights and responsibilities, including your children’s rights and your responsibility to protect and support their wellbeing
• explain general tax impacts
• talk to you about any family violence or power imbalances that you should think about before negotiating with the other person
• explain your options other than working on a separation agreement, including going to court
• explain when and what you can change in a separation agreement and when and what you can’t change.

If you know the law and your rights and responsibilities before you start, you will be better able to work out a fair, practical, and enforceable agreement that both parties will be more willing and able to follow.

It is important to have a lawyer look over the separation agreement with you before you sign it. And each person must see a different lawyer. Lawyers call this independent legal advice. 

You should see a lawyer who is experienced in family law.

It will take the lawyer more than just a few minutes to give you proper advice. The lawyer must first fully understand the details of your situation, including whether there has been family violence, and whether you have a complete picture of the family assets, debts, and any pensions. That will take time. 

A lawyer can only give independent legal advice to one of the parties to the agreement, not both.

There are many reasons to meet with a lawyer before you sign your separation agreement. A lawyer can:

• tell you if the agreement says what you think it says
• tell you if the agreement is fair or not
• explain the risks and benefits of the agreement
• advise you about your legal rights and responsibilities and your children’s rights 
• tell you if the agreement protects your interests and your children’s
• explain general tax impacts
• advise you whether to sign the agreement or not
• explain your options if you do not sign a separation agreement, including going to court
• explain when and what you can change in a separation agreement and when and what you can’t change

A lawyer can also tell you what terms of the agreement may not work. For example, sometimes people agree to pay out a mortgage for a family home, but the bank will not approve them for a new mortgage. If the mortgage cannot be paid out then something different will need to happen.

Once you are separated, you should review your estate plan. A lawyer can also help you with that.

If you make your own agreement but you do not get independent legal advice before signing it, three things can happen:

• You might give up legal rights without knowing it, including your children’s legal rights.
• Either party might later successfully apply to the court to have all or part of the agreement set aside.  
• Banks, government agencies, and other third parties might not accept the agreement. 

• contact law firms in your community that do family law
• contact your employee assistance program or union if you have one
• go to nsfamilylaw.ca – getting legal advice
• contact a women’s centre or other trusted help organization to ask if they can suggest a referral
• ask a friend, family member or trusted professional for a referral
• go to Lawyers and Legal Help at legalinfo.org for other ways to find a lawyer

Alternate billing arrangements
If you have no extra money, but you and your spouse own property, such as a home, investments, or RRSPs, some lawyers may agree to be paid at the end of your case, when you get your share of the family property.  Or, they may let you pay their fees over time.

Help with just part of your case 

Some lawyers may help you with just part of your legal issue, which might include giving you independent legal advice about a do-it-yourself separation agreement.  Helping with just part of a case is sometimes called providing unbundled or limited scope retainer legal services.  Go to how lawyers charge for their work (legalinfo.org) for more information.

Nova Scotia Legal Aid

You may qualify for Nova Scotia Legal Aid. Contact your local Nova Scotia Legal Aid office at nslegalaid.ca for information about Legal Aid's services

You can also check your local directory for the addresses and telephone numbers of legal aid offices across Nova Scotia, listed under Legal Aid in the white pages and government section of the telephone book.

Free brief legal advice
You can make an appointment with a Nova Scotia Legal Aid summary advice lawyer. This service is available throughout Nova Scotia. You do not need to qualify for Nova Scotia Legal Aid to use this service, and you do not need to be going to court. The summary advice lawyer helps people who need legal advice on a family law matter, but who do not have a lawyer. The summary advice lawyer gives free, basic legal advice regardless of how much you make or where you get your income.  

Go to www.nsfamilylaw.ca/contact-us to find the summary advice lawyer near you.