Lorne Fine Professional Corporation—Family Law Lawyers in Toronto

Frequently Asked Questions about Legal Separation Agreements in Toronto

Q: How do I obtain a legal separation in Canada?

A: If there is “no reasonable chance of reconciliation” between you and your spouse you are “legally separated.” You can be “legally separated” and continue to reside in the same residence. The test to determine if you are separated, includes, but is not limited to the following:

• Do you have sexual relations?
• Do you go out socially together?
• Does one spouse do household chores for the other?
• Do you and your spouse hold yourself out as separated to third parties?

The date of separation may be difficult to determine; it is sometimes a question of fact. However, the date can be critical as it may affect the division of property and the issue of support.

Q: How do I resolve the issues arising out of my separation from my spouse?

A: Once you are separated from your spouse, it is preferable that that parties attempt to negotiate a Separation Agreement. Once the terms are agreed upon, they are incorporated into an Agreement to be drafted by a lawyer.

Q: What if we are unable to agree on terms of a Separation Agreement?

A: If you and your spouse (with or without the assistance of counsel) are unable to agree on terms of an Agreement, it will be necessary to seek the assistance of a court in determining the issues. Either party can initiate court proceedings to ensure that his/her interests are protected.

Q: What is a Separation Agreement?

A: A Separation Agreement may deal with custody/access, child/spousal support and a division of net family property. The parties can be creative and agree to resolve issues that are not necessarily reflective of the “legal model” (e.g., property division may be different than as provided under the Family Law Act). In order to have a valid Separation Agreement, the Agreement must be in writing, signed by both parties and witnessed by a third party. It is very important that prior to executing the Agreement, both parties exchange full and complete financial disclosure of all assets/liabilities that exist on the date of separation and the date of marriage. Furthermore, in order to solidify the terms of your Separation Agreement, so that it will be difficult for either party to challenge the Agreement in the future, it is highly recommended by both parties have independent legal advice prior to signing the Agreement.

Contact a Family Law Lawyer in Toronto

If you are pursuing a divorce with your spouse and need help preparing a legal separation agreement in Toronto or elsewhere in Ontario, Lorne Fine Professional Corporation can help. Our firm is solely dedicated to helping people face the challenges of family law and divorce. When you contact us for help through your divorce, we’ll take the time to understand your unique situation and provide you with the information you need to make the best choices for your future.

“I would recommend Lorne because he's a realist and always in control of a situation or conversation. As a result, he is able to get people to the table to negotiate and will fight for what your needs are.”

Gail M. – Etobicoke