"What did i get myself into?"
It’s something we hear very often at the beginning of the separation proceedings.
Many people don’t realize that by getting married or having children with a partner, they are becoming tied legally togehter. Well people DO understand that they are entering somewhat of an agreement – but many people don’t understand the underlying contract that they’ve entered.
Let's start with marriage.
When you get married – most people have the idea of “what’s mine is yours and what yours is mine” or “I get 50% of whatever you have, you get 50% of what I have”.
That’s not entirely true.
So what does "having kids together" mean in the eyes of the Ontario Law?
What is separation in the eyes of the Ontario Law?
What is divorce in the eyes of the ontario Law?
A separation agreement in Ontario, Canada, is a legally binding contract that is used when a married or common-law couple decides to separate or divorce. This agreement outlines the terms and conditions that both parties have agreed upon regarding issues such as:
- Child Custody and Access
- Child Support
- Spousal Support
- Division of Property
- Debts and Liabilities
- Personal Property
- Health and Life Insurance.
- Family Home
- Other Terms
It’s important to note that for a separation agreement to be legally binding in Ontario, it must meet certain legal requirements, including full financial disclosure by both parties, independent legal advice, and voluntary and informed consent.
Having a legally sound separation agreement can help prevent disputes and conflicts in the future and provide a clear framework for the separation or divorce process.
So i'm starting separation now what?
Ok so you are separating.
After you separate, most people need to make important decisions on their family law issues. If you and your partner agree on your issues, you should put what you’ve agreed on in a written separation agreement. Anything you cant agree on, you can ask a family law professional for help or ask a judge in court to decide.
Now before we go further, we should review the most common topics that people include in separation agreements.
How are assets traditionally handled after divorce?
How is decision making and parenting time decided?
What is child support?
What is spousal support?
A separation agreement in Ontario, Canada, is a legally binding contract that is used when a married or common-law couple decides to separate or divorce. This agreement outlines the terms and conditions that both parties have agreed upon regarding issues such as:
- Child Custody and Access
- Child Support
- Spousal Support
- Division of Property
- Debts and Liabilities
- Personal Property
- Health and Life Insurance.
- Family Home
- Other Terms
It’s important to note that for a separation agreement to be legally binding in Ontario, it must meet certain legal requirements, including full financial disclosure by both parties, independent legal advice, and voluntary and informed consent.
Having a legally sound separation agreement can help prevent disputes and conflicts in the future and provide a clear framework for the separation or divorce process.
Now how does this translate to involving lawyers?
Now, usually at this point, is where MOST people involve lawyers – they begin the formal divorce process through filing a XYZ – and draft a separation agreement.
What's important to know
One thing that often get’s lost at this point, is the idea of owning your own process.
People don’t understand that they can handle their divorce the way they want to.
The Ontario legal system is there NOT to make you have a good separation or
* We take our clients’ confidentiality seriously. While we’ve changed their names, the results are real.
