SEPARATION AGREEMENT

A separation means you and your spouse have decided to end your relationship or marriage; court approval is not always necessary. However, a separation does not conclude matrimonial liabilities. Things to be discussed and divided include decision-making responsibility, assets, and support; this can be done with a lawyer or mediator’s help to draft a formal legal agreement. In fact, unless formalized, your claims for support and equalization may be deemed prejudiced, or you may inadvertently be creating a status quo that can be held against you when a proceeding is commenced. With the help of our legal advice, you can determine the best process suitable for you in the resolution of your marriage.

Separation Agreements will entail the terms of division, decision-making responsibility, and what to do with shared assets. In Canadian law, matrimonial homes are divided under specific special conditions. A lawyer is not required to be present during the creation of a separation agreement, but it’s recommended to take legal advice before doing so. Once this agreement is signed, legally, both partners must abide by its rules. The agreement can be changed mutually or with a judge’s help, stating a valid reason for the change.

In Ontario, couples are required to have completed a one-year separation before they may apply for a divorce. Specifically, the couple must be apart -not living together- and separated for a whole year. If a couple happens to reconcile for longer than a 90 day period, their time spent separated is considered invalid. In this case, the couple would be required to complete another full one-year separation period if they still wish to get divorced.

It is essential to seek legal services when drafting a separation agreement to ensure you have met all provincial requirements and that all your interests are protected. If one partner does not meet their obligations for any reason, an improper separation agreement can cause drastic problems in court. The K Deol Law firm can help you protect interests in all family law-related matters in Brampton. Give us a call to find out more details about how we can help protect you.