Separation Agreement in Oakville and Vaughan
A Legally Binding Contract
A Separation Agreement is a contract drafted between two spouses or common law partners for the purpose of resolving issues of division of Net Family Property and Equalization, Child and/or Spousal Support Calculations, as well as parenting issues like Custody and Access. Amicable couples often retain a Mediator to assist in the negotiation process. Having a Separation Agreement replaces your need to go to court to resolve these issues. If you and your spouse/partner are agreeable, then Mediation is the most optimal course of action you should take. Going to court is extremely costly, time consuming, and very stressful. Instead of making your own decisions, a judge will decide for you. Please read about Independent Legal Advice** before signing any legally binding documents.
The Law in Ontario
The law in Ontario is very clear. It leaves the decision about having a written Separation Agreement up to each individual couple. You are considered separated when your relationship has broken down, and it is not likely that you will reconcile. When you separate, there are many decisions that have to be made. According to the Attorney General of Ontario, you can agree on things and write down your decisions in a Separation Agreement with the guidance of a mediator.
Your Separation Agreement*
You are allowed, by law, to make your own decisions regarding how you resolve issues. You do not have to go through the courts. You are also allowed to write down your decisions in a Separation Agreement. Once your Separation Agreement has been signed by both of you in front of a witness, it becomes a legally binding document. We can assist you in coming to amicable agreements in the areas of Division of Finances, Calculation of Child and Spousal Support, and can also help you lay the groundwork for how you will parent your children in the future. We will document all the agreements you make, and they will be written-up in your Separation Agreement. The production of your Separation Agreement is purely an administrative service and does not imply any legal advice.
You are always encouraged to seek and obtain **Independent Legal Advice before signing any document. Once a Separation Agreement has been signed by both of you in front of a witness, and the witness signs it as well, it becomes a legally binding document.