A Simplified Guide When Signing Separation Agreement Ontario

By Deborah Martin


Separation is sometimes inevitable in life despite people living together for long. However, it is made complex by the presence of children, properties and other issues in between. To avoid future conflicts, it is advisable that you develop a binding separation agreement Ontario to help you deal with contact, responsibilities and obligations afterwards. It will help you avoid court battles and conflicts in future.

The deal is aimed at enabling both parties to each take up own responsibility and ensure that those to be shared are clearly outlined. The presence of a lawyer is not mandatory. However, you need to agree and ensure that your deal meets the set criterion in order to stand the test of the law.

Cover all aspects of life involving the two parties. By being thorough, the interest of both parties and their children will be catered for. Do not leave out property, children or responsibilities. Once they are left out, it will be difficult to refer to them again in future. Note that some issues are subject to change in future.

Be precise as you make the deal. Mention names of places and people, their quantities and distinguishing elements to make clear what you are referring to. For instance, if there is a vehicle involved, its model should be mentioned. This ensures that nothing is left to chance or subject to multiple interpretations.

The agreement must be based on factual information. If you indicate that your partner owns an apartment, it must be his and not one belonging to his family, for instance. The names used on the paper must be the exact ones used on official documents. The dates and their ranges must also be accurate. Bank account numbers, addresses and such markers must be captured with accuracy. Any inaccurate information could cause the entire deal to be nullified.

Prepare a deal that is personalized to address your unique situation. Do not copy what your relatives, friends or associates have agreed upon. The circumstances you are facing are different from what your friends are facing. Picking a One-Size-Fit-All package will prove a huge problem. You end up getting the shorter end of the deal or causing conflicts in future.

Predict the future and make provision for it. The tension associated with separation scenarios makes it difficult for parties to be open minded. However, the circumstances are bound to change over time. Anticipate, for instance, a scenario where children will demand more time with their other parent. Though the agreement does not provide for that, you cannot deny them.

Take the most realistic approach when you are discussing issues. An example is where you cannot control every aspect of life for your partner. Though you might agree on visitation, and issue like sickness, school and random meetings may cause you to be in the same environment. When you make the conditions too strict, they will cause unnecessary conflicts.

A professional should guide you during drafting. It helps you find a balance and avoid getting a raw deal. Protect your interests but do not be too rigid that the deal fails to favor you. A give and take approach makes negotiations easier to conclude.




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