What Do I Need To Have A Successful Separation Agreement?
If you are married in Ontario, or you are in a common-law relationship, you can make a separation agreement. This is when both of you have agreed on what you want to happen after you separate. A separation agreement Ontario won’t make you get divorced, but it can be used to help you have a smooth divorce. To have a successful separation agreement, both of you need to agree on all things. Not agreeing on everything may not be a good sign when preparing a separation agreement. However, you can talk to your partner with the help of a lawyer or a mediator. You need to learn a few things to make the process easier.
Three Factors To Consider To Have A Successful Agreement
A separation agreement is a legal separation where spouses ask the court to allow them to separate and hence end any marital obligation to each other. The only difference here is that the spouses are still technically married though they have not intended to end their marital status. Though drafting a separation agreement may spend less time, it advisable to have legal advice before signing one. The help of a lawyer can help you understand your rights more clearly and understand the responsibilities both of you have for your children. You may consider the below vital factors when deciding to draft a separation agreement:
- Make an informed consent: This is one of the most challenging parts when you think about separation. The issue being will you have an amicable process, or will your spouse spring up war? If you are certain you want to separate, make sure to announce your decision in a calm manner. Your desires should be firm and direct. Make sure not to have too many details during your initial discussion.
- Disclose your financial position: It only with a full and accurate financial disclosure that your partner won’t react negatively. Except for all other issues, financial disclosure is the main issue of contention in a separation process. Spouses should make sure they have an accurate financial position of each other. In addition to this, the financial records relating to the parties, either for incomes or debt, should also be made clear by both spouses. That’s the reason why a separation lawyer is needed to advise on what needs to be disclosed.
- Getting financial advice singly: Even if you’re drafting a separation agreement in unison, you should obtain legal advice from a different lawyer other than the one offering service to your spouse. This is important in case your spouse may decide that your separation agreement been done away with. You will have a Certificate of Independent Legal Advice (ILA) to show. Your agreement will be deemed to be binding if both of you have a lawyer.
Your Next Step
If you are considering divorce but have not yet decided to split up, a separation agreement is perfect for you. Take time to get legal advice when you are writing up a separation agreement. If you have informed consent and have fully disclosed your financial status, then you’re ready to make your separation agreement.