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Separation Agreement

Divorce in Ontario

Separation Agreement Toronto

Filing For a Divorce in Ontario?
Find out why drafting a Separation Agreement is a Good idea

When filing for a Divorce in Ontario, it is always better if you and your spouse can agree on how to settle the issues between you. Battling through these issues in court can be extremely expensive and time consuming. Signing a separation agreement can save you from the hassle of court proceedings. This is an attractive and affordable choice for many legally married persons because a properly executed separation agreement can be treated by the court like a court order.

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What is a Separation Agreement?

When filing a divorce in Ontario, you should considering drafting a Separation Agreement:

A Separation Agreement is basically like a contract that is signed by both you and your spouse in order to resolve issues related to spousal support, custody, property, etc. Once the separation agreement is signed, the court treats it as if it was a court order. This means that it is a legally binding agreement, and the court can enforce the agreement if one of the parties to the agreement fails to meet his or her obligations under the agreement. Drafting a separation agreement is an attractive and affordable way to work out certain issues instead of spending significant time and money in court proceedings. By agreeing to settle the issues in a legally binding agreement, you can be at peace of mind knowing that all the issues have been dealt with and your spouse cannot change or make claims against you.

Issues in Separation Agreement

There are many important issues that can be addressed in a separation agreement, here are a few:

Dates of Separation: It is important to address dates of marriage and separation as they may alter your rights.

Issues related to Children: This can be a very important section of the separation agreement. Important issues arise when children are involved in a separation. You must address questions such as (1) who the children will live with, (2) who will have custody and decision making power, (3) how much child support will be paid, (4) and when child support payments will end. These are just some of the issues that may be addressed in a properly drafted separation agreeement.

Issues related to Spousal Support: This is also an important issue to address in a separation agreement. For example, you may want to agree upon the amount of support paid, how long the support payments will continue, or whether you both agree that support payment will be waived.

Issues related to Property: Dealing with property issues can get complex, a separation agreement can address some of these complexities. When drafting this section, many issues must be addressed, including the division of property such as selling a house, who gets the proceeds and how much, how personal property or assets will be addressed, etc.

Issues related to debts & pensions: Some of the issues addressed in this section of the separation agreement include (1) is there debt that you and your spouse have accumulated, (2) who will pay the debt, and (3) will you split pensions, RRSPs, RESPs, etc.

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Did You Know?
Over 90% of couples filing an Ontario Divorce are looking to file a simple, uncontested case. Even if there are support or custody issues, many couples draft a separation agreement to take care of those matters and then file for a quick divorce.

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