Separation Agreement
Drafting of Separation Agreement
Separating from marriage is a difficult experience to handle alone. It can leave you feeling a full range of emotions including sadness, betrayal, anger, and fear.
In Ontario, a separation is required before a divorce can be finalized. A separation agreement is one that a couple signs when they desire to separate. It outlines the division of property and financial arrangements between the separating spouses during the dissolution of their marriage. It also addresses the upbringing and support of your children.
A couple can apply for a temporary separation agreement which is will only be in effect for the time period mentioned or until a permanent separation agreement is executed.
A partial separation agreement can be signed when the parties have reached a definitive understanding on some but not all of the concerns. For instance, while negotiations or litigation are ongoing regarding the subject of spousal support, you can reach a partial agreement on property distribution and child support.
In Ontario, couples must complete a one-year separation period, which starts on the day they separate even if they continue to live in the same home. Additionally, if a couple reconciles for longer than 90 days, they must go through another year of separation before filing for divorce.
The Right Family Lawyer Makes All the Difference
Even if you and your partner are cooperative and agree on all the terms, it is strongly advised to have your separation agreement prepared by a lawyer. Poorly written agreements typically cost far more than they would have if they had been written correctly to begin with. Such disputes might be avoided with proper writing because each party’s rights and obligations would be made clear.
S. Cahill law Family lawyer provide an affordable pathway towards separation that is specific to your needs. Let our associates assist you in professionally navigating the Family Law system. We can review and expertly draft a separation agreement that will protect you and your children’s rights as you take on a new phase in life.
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