What Is A Separation Agreement?

What is a Separation Agreement?

A Divorce Agreement is better known in Ontario as a Separation Agreement. This agreement will be the ongoing legal contract between you and your ex-spouse with regards to all issues moving forward.

It is very important that this agreement is prepared properly and in accordance to the laws of Ontario, as the decisions you make now will affect you and your children for years to come.

Negotiating your financial and parenting arrangements and signing a legal contract (the separation agreement) are the crucial first steps in your Ontario divorce process.

Spousal Support

Divorce or separation will sometimes mean one partner paying spousal support to the other partner. Spousal support is applicable to married partners and sometimes common-law relationships. The one receiving spousal support can be a husband or a wife (gender neutral) and applies top all relationships including same-sex relationships. Spousal Support is usually paid by the partner with higher income to the partner with the lower income. The receiving partner is “Support Recipient”. The paying partner is called “support payor”.

Can A Court Order Be Amended?

Parents may bring a motion to Court to amend Court orders. But, the parties have to prove that there is sufficient and dramatic changes in their circumstances which necessitates the Court’s intervention.

What To Do When A Parent Is Denied Access?

Parents formally agree to access schedules through their formal parenting plan, separation agreement or Court orders. Still some parents may purposefully deny visitation right. This can cause tremendous mental agony and frustration to the parent as well as to your children.

Do Grandparents Have Rights?

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Grandparents have some legal right with regards to accessing grandchildren and can approach the Court of Law for accessibility rights. The Judge will always consider the “best interest of the child” when deciding this issue. In Ontario, the relationship of the child with the grandparent is also examined while deciding the best interest of the child.

What Are The Different Kinds of Child Access?

The right to access the child is an inherent right of the parents and the children have a right to access both parents. This right can only be denied under very limited circumstances.

Access To Your Children

The child should spend sufficient time with both parents regardless of them being separated or divorced. The child should spend enough time in order to create a meaningful relationship with each parent. The child’s primary place of residence will decide the parent whom he/she spends the majority of time with. The other parent will be given the right to access the child.

How To Calculate Child Support

The Child Support Guidelines determine the basic monthly financial support to be provided by the paying parent. These are set out in the Government of Canada’s child support tables. They are calculated by taking into account the total gross annual income of the parents and the number of dependent children.

What is a Dependent Child?

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“Dependent children” means a child below the age of 18 years. Sometimes, an individual is still considered a dependent even after the age of 18. However, a child cannot be regarded as a dependent if they are married. Further, a child who leaves a parent’s home voluntarily after turning 16 years old does not fall under the category of a dependent.