Drafting a Separation Agreement in Ontario could be a solution to most problems. We understand that separation can be a time when a person is experiencing an emotional roller coaster.
A calm and objective approach to the situation would help couples manage legal costs and prevent further aggravated problems. We believe that you do not need to go to court to resolve family law issues. A Separation Agreement is a binding contract between married or common-law couples to record all family law issues arising from a separation, such as support, custody and property division.
If both parties agree, a professionally drafted Separation Agreement in Ontario by a Separation Agreement Lawyer could save couples unnecessary legal costs of court litigation.
In comparison, Separation Agreement Ontario Templates available are cheap but are extremely risky and could be set aside by the courts of law. A person must exercise extreme caution when reviewing a separation agreement template.
Many horror stories do exist about the entire process being highly stressful, and prolonged with massive legal costs.
We believe the process of legal separation and divorce does not have to be adversarial and expensive, as long as you retain a separation agreement lawyer and know about the essential tips as discussed in this article.
You can download a free Separation Agreement Checklist and a Separation Agreement Template created by the Law Society of Ontario.
Important Note & Caution:
The Content on this page is for information only. A sample separation agreement or a template must not be used without the help of a Lawyer.
Before diving into the tips, it is essential to understand what a separation agreement in Ontario entails. A separation agreement is a legal document that couples can enter into when they decide to live apart but are not yet ready to divorce or may not wish to divorce. This agreement allows the parties involved to make arrangements on various issues such as child custody, property division, spousal support, and child support.
This document serves as a formal record of the terms the couple has agreed upon, ensuring that both parties are clear on their responsibilities and rights during the period of separation. In Ontario, for the agreement to be legally binding, it must be in writing, signed by both parties, and witnessed. Though it is not mandatory to have a separation agreement, it often helps in providing clarity and minimizing disputes.
Now that we have a better understanding of what a separation agreement is let’s explore some essential tips and information related to separation agreements in Ontario.
Do I need a separation agreement in Ontario?
You do not need a separation agreement to be legally separated or to Divorce in Ontario. There is no law in Canada compelling couples to enter into a separation agreement.
However, a separation agreement offers both parties a degree of control over what will be received by each party when you will separate. It offers both parties the opportunity to spell out the decisions in writing so that there are no misunderstandings about what has been decided.
Important: If you have children, your divorce may not proceed without the issue of child support being resolved. The Divorce Judge needs to know if there are adequate arrangements for child support before granting a Divorce Order.
Therefore, if you have children, then it is strongly recommended to have a separation agreement before you file for divorce in Ontario.
Do you need a Separation Agreement for the sale of a matrimonial home?
You do not need a separation agreement in Ontario to sell a matrimonial home, but it is highly recommended.
It is common for your real estate lawyer to require a formal separation agreement to include a specific clause about property division, transfer of a share, the release of interest, or the division of sale proceeds from the marital home.
If you do not have a separation agreement or a court order, then it is likely that all sale proceeds will be held in trust with your Real Estate Lawyer.
Do you need a Separation Agreement for the title transfer of a matrimonial home?
As stated above you do not need a separation agreement in Ontario for the title transfer of the matrimonial home, but it is highly recommended.
In most cases, a real estate lawyer would require a separation agreement in Ontario for the matrimonial home title transfer. At the time of title transfer, your real estate lawyer would need to know how the sale proceeds are to be divided; therefore, it is important to have a separation agreement in place.
Do you need a Separation Agreement for a new mortgage?
Yes, you need a separation agreement in Ontario for a new mortgage.
Almost all Canadian Banks require a separation agreement before they approve you for a mortgage. Your mortage application should take into account if you have to make any support payments as per your separation agreement or not. Such support payments are considered part of your total debt when applying for a mortgage.
