When you and your partner are undergoing a separation, you need a Separation agreement Ontario. Separation is never the easy part, there are so many legal formalities that need to be carried out. These formalities can be a daunting process. You must reach out to experience divorce or a family lawyer who will help you and make the process easier. If you don’t know what a separation agreement is, we are here to tell you all that you need to know about it.
What is understood by a separation agreement?
A separation agreement can be understood as a domestic agreement that supersedes or alters the legal rights of the spouses involved in the separation. According to the law, the separation agreement should cover various issues like child custody, property, debt, pension, spousal support and RRSPs, to name a few. However, it is not necessary to get a separation agreement when you are taking a divorce. It is best to have a separation agreement in place as it will help you to save thousands of dollars which you would have to pay in the form of legal fees to resolve your issue if the matter reaches the court. A separation agreement can easily be seen as an affordable method to resolve all the issues. Once both the parties have agreed to the terms they both have to abide by them. If they fail to do so, then the court will enforce its own decision.
What is the difference between a permanent and temporary separation agreement?
A separation agreement is considered to be temporary when it remains effective till the divorce isn’t finalized. On the other hand, a permanent separation agreement is one, which remains valid even after the divorce. The permanent separation agreement can be seen as a guide on how both the spouses will behave and handle the issues after the relationship has ended. In Ontario, separation agreements are regulated under the Family Law Act. However, when the agreement is filed in court, the judge will have the final say in whether the agreement is permanent or not. A separation agreement can be included in the final decree of the divorce.
What documents are required for a separation agreement?
For an Ontario Separation agreement to be binding, you need to follow certain rules which will help to ensure that the court will intervene in case either of the partners fails to follow the conditions. If a domestic contract or prenup is in place, it can help to create a framework of the agreement. Usually, a separation agreement spells out the background of the couple like their date of marriage, the children, assets and debts. It also includes the details of the spousal support obligations. Though you aren’t required to have a separation agreement lawyer to draft an agreement, it is highly recommended to seek advice. You are not required to have a formal separation agreement when the relationship ends. But it is recommended to have one as a verbal deal might not be easy to uphold.