June 6, 2018   |   Tanya Davies   |   blog


Do I Need A Lawyer For A Separation Agreement?

A divorce or separation can be a trying ordeal for any couple but understanding the process will help to make it less stressful for everyone involved. There are only a few circumstances that are considered suitable grounds for divorce in Ontario. These include adultery, mental or physical cruelty, and living separate and apart for one year. For the most part, parties will proceed on the grounds of one year separation, since that is easier to establish than the other grounds. The issue of divorce is detached from the collateral issues, such as custody, access, child and spousal support, and property division. Once the divorce is granted by the court after one year of living separate and apart, the parties are free to remarry. The divorce will not however address the remaining important issues. A party would either need a court Order addressing these issues or a separation agreement. Separation agreements can be drafted for both married and common law couples. A legally binding separation agreement can be drafted immediately upon separation, without waiting for the one-year mark that is required for a divorce.

What Is A Separation Agreement?

A separation agreement is a legal document that addresses issues of custody, access, child and spousal support, and property division upon the parties’ separation. A separation agreement will typically include the date of separation as well as details as to which parent will become the custodial parent or if custody will be shared; details of access; who will make important decisions for the children; who will pay support and in what amount; how the real estate property and joint accounts will be divided. Davies Law Firm can help you better understand what to include in this document in order to protect yourself, your family and your assets at this difficult time.

Why is A Separation Agreement Important?

By taking the time to properly draft a thorough separation agreement, it will expedite the actual divorce proceedings, as all the collateral issues will be agreed upon by the parties and will not have to be fought out in court. A separation agreement eliminates any confusion and uncertainty that the parties may have regarding custody, access, support and division of property as it specifies the rights and obligations of both parties. It enables the parties to control the outcome by agreeing to terms, rather than having terms imposed by a third party. Davies Law Firm can help you understand the benefits a detailed separation agreement provides.

The Reasons You’ll Want an Experienced Lawyer to Help

Even though a simple separation agreement can be drawn up between a couple seeking a divorce, using a lawyer has many advantages. Having a lawyer craft this document for you, ensures your pending divorce will proceed smoothly and without complications.

Since most separation agreements are quite complex and address issues that might have serious legal implications, using experienced counsel at Davies Law Firm will help simplify this process. An experienced divorce lawyer knows what questions to ask their clients to guarantee that all the essential details surrounding the divorce are included in the separation agreement. This will not only help avoid confusion later on, it will also provide the security of knowing what to expect from the process, and it will give you an agreement that cannot be challenged in the future.

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