Has the time come for you and your domestic partner or spouse to separate? It can be done fairly and legally with a separation agreement. Keep reading to learn how.
What Is a Separation Agreement?
A separation agreement is a legally binding contract between domestic partners (including spouses) that outlines the details of a separation including:
· ownership and property division
· support obligations
· child-related matters
What It Is Not
A separation agreement is not a legal end to a marriage, nor is it established in court. In fact, neither a lawyer nor a notary public is required to make the agreement official. Furthermore, a separation agreement is not even required to advance towards an eventual divorce or to legally end a domestic partnership.
Why Have One If It Isn’t Required?
Opting for a separation agreement can be more amicable and less stressful than going to court. It also promotes cooperation between the parties, which is particularly helpful when children are involved and/or support must be determined. A separation agreement also requires full disclosure, which helps ensure fairness, as it consists in sharing all information about income, assets, debts, and expenses.
Can I Write My Own Separation Agreement?
A separation agreement can be written by separating individuals; however, to be legally binding and enforceable, it must comply with Ontario family law. This stipulates that in order to be valid a separation agreement must be:
· in writing
· signed by both members of the separating couple
· witnessed by someone not involved in the agreement
It is important to note that the witness does not need to be a notary, commissioner of taking oaths, or a lawyer.
Why Use a Lawyer If It Isn’t Required?
Both parties are encouraged to seek separate legal counsel to ensure that the separation agreement is fair and legal. A family lawyer is equipped to help you navigate these concerns. They will oversee the financial disclosure and ensure that you and your separating partner both understand your rights and obligations as indicated in the separation agreement. Furthermore, a family lawyer can notarize your separation agreement if required for:
· extra evidential support
· creating a feeling of legitimacy or finality
· help in future disputes
· use in another jurisdiction, particularly in the case of international travel or immigration
Find a Family Lawyer in Ottawa
Julie I. Guindon is a trusted family lawyer in Ottawa who has assisted families and individuals navigate the legalities of domestic separation for over 25 years. As an experienced mediator and family lawyer, Julie I. Guindon will guide you through the separation process and work to ensure that your best interests are protected in the agreement.
Call us today to learn more about your rights and obligations under a separation agreement. Choose Julie I. Guindon to help you reach out-of-court settlements that include fair and legally binding agreements between you and your separating domestic partner about the separation, child and/or spousal support, the division of property, and so much more.
You can find Julie I. Guindon at her office in downtown Ottawa at the corner of Slater and Metcalfe.
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