How To Change Your Separation Agreement
If you and your spouse have marriage issues to settle, you may choose to develop a separation agreement. It’s a way to specify the terms of living apart. When a separation agreement has been made, parties involved may decide to follow what is included in the letter or one spouse may ignore the agreement made which may result from changing of the separation agreement. Other than failing to follow what has been made in the agreement, one or both parties may find that their living situation has changed and may be required to modify their separation agreement. If you have a separation agreement in Ontario and want to change your agreement, you can make it easy by having the right legal information.
Changing Your Separation Agreement
In everything, we always find two ways to choose from; the easy or the hard way. This is the same case when it comes to dealing with issues concerning separation or divorce. If you and the other party agree that your separation agreement needs change, it becomes less expensive to settle the case out of court.
You will be faced with two ways:
· To solve the change by having a discussion, both parties and a mediator, or
· Taking your matter to court
Having a neutral third party guide on the way forward is the best option. But where the problem is significant, such as requiring legal guidance, one would choose to have a family lawyer in Toronto guide them on how to deal with the matter legally.
Making A New Separation Agreement
As long as both parties are in agreement, it becomes easy to alter the separation agreement. But if there is a tug of war, the solution is to go to court. And since the court is powerless when it comes to varying your agreement, the only way to tackle the case is to cancel a part of your agreement that is bringing disagreements and make an order to replace whatever had been cancelled. One reason is that a separation agreement is a product of two parties who knows their family issues. As such, the court is somehow unwilling to alter the agreement without any good reason behind. The same way, the court becomes reluctant to change a divorce agreement which was a product of a separation agreement. Where the whole of the agreement seems to be unfair, the court can be forced to do way with the entire agreement.
Both parties can choose to have their original agreement changed. In such a case, they can make a second agreement which termed as addendum agreement. To make the change, the court will be much more interested in the material change of circumstances. For instance, you have to show that:
· You moved to another state.
· Your child living arrangements need to be changed, such as moving to a better school.
· Your spouse has become abusive and hence subject to domestic violence.
If one of you cannot follow the orders stated in the separation agreement, you have to show the court that you tried mediation, but it never worked. Before signing separation agreement anew, you should make sure to understand what it contains. You can choose to have independent legal advice guide you make the right move.