Separation Agreement

Do You Need Help With a Separation Agreement?

In Canada, you may be either married, separated or divorced. In order to be legally separated, you must live separate and apart from your spouse for at least one year with no hope of reconciliation. Once you are separated from your spouse, either party can apply for a Divorce. If both spouses wish to pursue an Uncontested Divorce, the parties may apply for a joint uncontested divorce.

A Separation Agreement is legally binding. In order to make sure that your Separation Agreement establishes equitable property division, fair child/spousal support and that the Child Custody/access arrangements that are in the best interest of the Child, you should consult an experienced Divorce Lawyer.

Marital Separation Agreement Contents

A marital Separation Agreement must do more than state the intention to dissolve a marriage. A Separation Agreement is a legally binding contract, and as such, it should clearly outline how various issues arising from a separation are to be resolved.

A Separation Agreement should contain the following details:

  • Date of separation
  • Child Custody/access arrangements
  • Child Support amount and termination date;
  • Spousal Support amount and termination date, if any;
  • The quantum of the equalization payment owing and by whom;
  • Plan for selling or purchasing the matrimonial house
  • Plan for dividing shared debts, including those incurred after the date of separation but before the legal separation/divorce is settled
  • Plan for pensions and retirement accounts

These details need to be discussed and their resolutions put into writing and witnessed in order to create a legally binding Separation Agreement.

Legal Counsel for Marital Separation Agreements

In order to make sure that your Children’s best interests are being met and your financial independence is not jeopardized, you should have an experienced Divorce Lawyer draft and/or review your Separation Agreement.

If you have questions or need the help of an experienced Divorce Lawyer in the Toronto area, contact our family lawyers in Toronto right away.