What If My Spouse Refuses To Sign Our Separation Agreement?

Separation Agreement

The essence of a separation agreement is to make sure disputes that may arise when spouses are separating are settled. The agreement helps to outline the roles and responsibilities of each spouse which are legally binding. While it’s not a mandatory requirement to have a separation agreement in Ontario, if a couple wants to end their relationship, it’s highly recommended to help clarify issues that may drag up the separation. Sometimes, one spouse may challenge the agreement for a variety of reasons and may end up refusing to sign the separation agreement. The fact is, you can’t force your spouse to sign, but you may have many options to ensure the process still moves on. If your partner happens to be against your separation agreement Ontario, your only option would be to commence legal proceedings.

Can I Force My Spouse To Sign Our Separation Agreement?

It would help if you don’t coerce your partner or send threats as this may be used against you. The outcome could be an issue with separation agreement enforceability. If you can’t agree on certain or all issues, you need to seek legal help. It’s better to have each spouse represented by a lawyer who can do their best to negotiate terms that may be favorable to both of you.

What To Do If Your Spouse Refuses To Sign The Separation Agreement

If your spouse has refused to sign a separation agreement, you should consider looking for a divorce lawyer immediately. The lawyer could help you seek orders to ensure your separation remains effective. There is no need to worry since there is no time limit that one should be separated. In fact, you may choose to remain separated and never file for divorce. Your lawyer can help you take the below steps:

  • Send a legal notice to help settle the offer. The lawyer could send your spouse a demand letter indicating that if he/she fails to sign, you may start a claim to seek relief. This could even be more favorable compared to having a settlement. Your lawyer should ensure to file an Affidavit of service as proof that your spouse received the legal notice.
  • Have a time set for your spouse to respond to the legal notice
  • Ensure to have all the items set that need to be agreed upon by the use of separation agreement.
  • If your spouse still maintains his/her position of not signing the agreement, your lawyer will help you file an application in court. The judge will then make the decision for you and make an order.

Before making a separation agreement, you should ensure to learn all the rights and responsibilities required by the Canadian family law.

Getting Help

It’s always advisable to have your separation agreement created by a lawyer or, if possible, reviewed by one. The decisions in the agreement can significantly affect your future and that of your children. Thus, it would be best if you considered consulting a Toronto divorce lawyer. He/she can give a step-by-step guide to help you draft your separation agreement.


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