Do You Need Help With a Separation Agreement?
In Canada, 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. However, it sometimes is not that simple to determine the date of separation since you can reside under the same roof and still be legally separated.
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 in Ontario is legally binding. It resolves some or all of the outstanding issues arising from your marriage and resulting separation. In order to make sure that your Separation Agreement establishes equitable property division, fair child/spousal support and that the Child Custody/access arrangements are in the best interest of the Child, you should consult an experienced divorce lawyer.
The Content of Marital Separation Agreements
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 and provide you with independent legal advice.
Divorce Lawyer Free Consultation for Ontario Separation Agreement
If you have questions or need the help of an experienced Separation Agreement Lawyer in the Toronto area, contact our family law attorneys for legal advice. Find our law firm offices in
Frequently Asked Questions About Separation Agreement in Ontario
How do you get legally separated in Ontario?
While marriage can only be ended through divorce process, in Ontario you can get separated either by court order or by a separation agreement.
Does a separation agreement needs to be notarized in Ontario?
The short answer is no. Formally, a separation agreement is only required to be written down and signed by both parties and it must be witnessed by any person above the age age of 18. That said, it is always a good idea to consult with a family lawyer in Ontario on the matters included in a separation agreement as those are often proved to be complex, such as property division and child custody and visitation issues.