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.

The Importance Of A Properly Prepared Separation Agreement

Couples create and sign a Separation Agreement before they formally apply for a divorce. Your Separation Agreement should contain all the legal clause and address all of the marital issues that are applicable to your family. The separation agreement when written and prepared properly  will become a written contract validly enforceable in courts. If it is not written or prepared properly, it can be validated by the courts.

Do I need A Lawyer?

You do not need  to go to court or hire a litigation lawyer to prepare a Separation Agreement. BUT you are advised to always obtain professional advice regarding your Separation Agreement as an improperly prepared agreement will cost you much more money and time to fix. 

You can also seek the assistance of a collaborative lawyer, a family mediator or a divorce financial professional when it comes to creating and negotiating your Separation Agreement. 

But Lawyers Are Important.

The biggest divorce mistake people make, is in signing bad agreements. A Separation Agreement must be prepared properly. You cannot set terms and conditions that are not according to Ontario Laws.

You need to know and understand what you are signing. NEVER sign an agreement without receiving independent legal advice from a family lawyer.

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Jim Jeffcott

Collaborative Family Lawyer Ottawa, ON

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