Can We Make A Separation Agreement With My Partner?
If you and your partner have agreed on separating or divorce, it becomes easy to agree on how to go about your family issues. As such, you can decide on who to live with the children, how to divide your property, who will pay for child support, among other vital family issues.
Making such decisions requires that you have a separation agreement Ontario. While you can make such an agreement on your own, it pays to get legal advice before you sign.
Can We Make An Agreement On Our Own?
Any separation agreement has to follow specific rules to ensure it’s binding and enforceable. This helps ensure that even if any party deviates from what the order say, the court has the power to enforce it.
However, where you make a separation agreement that doesn’t follow such rules, any partner has a right to request the court to set it aside. In such a situation, you are allowed to come up with another agreement that’s strictly follows the rules. For any enforceable agreement, you need to have the below in mind:
- It should be in writing.
- The agreement must be signed by both parties (you and your partner).
- It must have a date.
- There must be a witness. You can do this with the help of a public notary whom you can find at your lawyer’s office. Though this is not required by the law, having your separation agreement notarized would be an advantage to you if a potential dispute arises. A public notary will eliminate any chance to challenge the validity of your separation agreement.
If you are to make your own agreement, it’s always advisable to have independent legal advice. As such, you get to understand your legal rights and responsibilities. It would pay to get a lawyer to advise you on matters such as:
- What to claim if you separate or divorce.
- What rules you need to follow during property division.
- What are your rights if you were to change your separation agreement.
- Your family responsibilities towards children including visitation, child custody, and visitation. This has to be crafted towards the best interest of the child.
Independent legal advice means that you cannot both use a single lawyer to advice on your family matters.
If you use such advice, the chances are that your agreement will be enforceable in court, and you will understand what you agree to put in writing with your partner.
You Can Choose To Get Legal Help
It’s always advisable to seek legal advice before signing any separation agreement. If you are aware of you rights and responsibilities, you can comfortably file your agreement in court in case of divorce.
Once it’s filed, the court had the power to give orders as per what has been stated in the agreement. This means that even if one partner is to forfeit payment such as child support or spousal support, the court may issue a wage garnishment order to enforce such payments.