“One of the first questions a serious lawyer will always ask you is, “Where are your financial data and what have you seen from your spouse`s revelations?” Lawyers ask for this because they want to make sure that nothing is missed by accident, that there has been no misunderstanding about values and to ensure that there is no active falsity or non-disclosure. In the absence of verification of both financial elements, a lawyer cannot properly advise your separation agreement. But here, that`s the thing… writing a separation agreement is the simplest part. It is more difficult to create a legally binding agreement or even an ENFORCEABLE agreement. And in months or years, if your ex-partner wants to review the terms of this agreement, a home-made agreement has a good chance of being deported… simply because it was not properly prepared from the beginning. You do not need a lawyer for a separation agreement in Ontario. A separation agreement applies as long as it is signed and certified by the parties. However, it is strongly recommended to have a lawyer, as your spouse or partner may encourage you to sign an agreement that is illegal and not in your or your children`s interest.
You can be considered separate while you live on the same land. For example, if you move to a separate room or part of the house, z.B in a cellar, such a move inside the house is considered a formal separation. You can register your separation inside the house by exchanging an email with your spouse or partner so that the date you moved to another room is treated as a separation date. In the eyes of the law, the date of separation is at the root of matter. All parties, including family lawyers and judges, must know the exact date of separation. If you are seeking divorce, you must indicate the date of separation, as divorce can only be granted when the parties have lived a year or more separately. A separation agreement or even court orders can resolve some family matters, but they do not legally end your marriage. In Ontario, the only way to legally end your marriage is to apply for a divorce decree. However, a divorce decree does not in any way protect your interests or assets, provide support or guarantee conditions. Most separation conversations begin at a point where both of you are stressed, unhappy and in an overloaded headspace, and this is precisely the moment when many important considerations can be overlooked, avoided or swung as “too difficult”.
For these reasons, it is particularly important that a neutral professional, such as the mediator, the divorce finance specialist or the education specialist, conduct their billing agreements at an early stage by mutual agreement. Each lawyer can only represent one of you – you can`t both use the same lawyer. In addition, one spouse cannot simply do what the other`s lawyer says. Both lawyers must review your separation agreement before signing it, even if you have used mediation to obtain an agreement and/or your mediator is a lawyer. A separation agreement gives both parties some degree of control over what each party receives when it is agreed that you are separating. It provides both parties with the opportunity to draft decisions in writing so that there is no misunderstanding of what has been decided. Ensure that the statements and predictions that form the basis of the agreement are factually correct.