How Verbal Agreements Hurt a Divorce

Apr 22, 2015
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When contemplating divorce, it’s important to keep the verbal agreement law in mind. Nine times out of 10, it’s imperative that you have everything in writing. Not only does it protect you, it protects any children involved as well. Continue reading, for more details.

Are Verbal Agreements Binding?

Technically speaking, a verbal agreement law can be just as binding as a written agreement. However, in order for the terms of the verbal agreement to be enforced, both parties have to honestly accept that they agreed to the terms in the first place.

In the legal system, arrangements or agreements mean little unless they can be backed up with documentation. YourLegalRights.on.ca suggests that there are many reasons to make a written separation agreement, including the fact that it lets you decide what works best for you instead of the court. Not only that, but it is also much cheaper and less stressful than a drawn-out legal battle.

Document Everything

As you and your spouse work through a separation, it will benefit both of you to write down any terms that you both agree on. This includes issues regarding child care and custody, living situations, or separation of assets and property. If there are any issues that both parties cannot agree on, make sure that you don’t let the situation turn hostile. Seek the help of a mediator or attorney and put off the issue until it can be resolved while a third party is present.

According to a study posted on Statistics Canada, over one-third of couples who’ve drafted a written agreement to govern their separation have done so with the help of a lawyer.

When is a Verbal Agreement OK?

It’s best to get the terms of any disagreement in writing, but on smaller issues that don’t concern the division of property or responsibilities, a verbal agreement would be acceptable.

However, once a verbal agreement is reached, it would still be best to ask your spouse if you could write up the terms of your agreement. Having documentation of such things protects the interest of both you and your spouse, and ensures that everyone involved gets their fair share.

Retaining Legal Representation 

In conclusion, it’s generally always better to get things in writing. For further information, in regard to the verbal agreement law and how to best protect yourself, during and after divorce, don’t hesitate to contact Galbraith Family Law.

About Brian Galbraith

Brian Galbraith is the owner and founder of Galbraith Family Law Professional Corporation. Brian is known in the legal community for his commitment to efficiently practicing family law using technology and streamlining the divorce processes.