Marriage Separation Checklist

Legal Separation/Divorce Preparation Checklist

Before beginning the mandatory period of Legal Separation before Divorce, there are steps you should take to prepare for and safeguard your financial future.

1. Whether you and your spouse are able to resolve the issues arising through your separation by way of collaborative law, settlement discussion, or court proceedings, you will need to calculate your net family property. To do so, you will need to determine all of your assets and liabilities on the date of separation and on the date of divorce as well as gather all necessary supporting documentation.
2. Consult with a lawyer before you decide to leave your matrimonial home. There may be negative ramifications for agreeing to leave the matrimonial home, including the impact on forcing the sale of the house in the future and/or custody/access issues.
3. Minimize joint debt liability.  Any debts you and your spouse incur before Legal Separation or Divorce are joint liabilities—you are both responsible. It may be necessary to cancel joint credit cards or shared lines of credit. Also, encourage your spouse not to incur new individual debts so that his/her net family property value is not “artificially” depleted, which may mean you get less from or owe a larger equalization payment amount.
4. Establish financial independence from your spouse before the date of separation. This may include severing joint tenancy in your matrimonial house and changing beneficiarieson retirement plans and life insurance policies.
5. Save money to make sure that you can afford legal counsel throughout the marriage Separation process and to ensure that you can be financially independent of your spouse for a period of time until proper support arrangements are in place.
6. Investigate your spouse’s financial situation. Collect and copy whatever documents you can that support any allegations you may make against your spouse and keep a journal of recent purchases or observations in spending habits.
7. Protect your postal and electronic mail privacy so that any communication you have with your Toronto family lawyer is confidential.
8. Although you may be seeking an end to your marriage through Legal Separation or Divorce, your Children should not suffer the absence of a parent. As much as possible,maintain consistent care-giving routines and schedules to minimize the negative emotional impact on your Children.

Help through the Legal Separation or Divorce Process

While you can take steps to safeguard your assets and financial independence, you may need a Divorce Lawyer’s help to navigate complicated property laws and settle child custody disputes. When you need legal counsel, contact the experienced divorce lawyers at Fine & Associates Professional Corporation in Toronto. We understand the stress that you are under and can help protect your best interests under Ontario’s Divorce Laws.