While a simple separation agreement can be reached between a couple who wishes to divorce, there are many advantages to using a lawyer. When a lawyer creates this document for you, they will ensure that your impending divorce proceeds smoothly and without complications. Most separation agreements developed by lawyers will include a number of releases, including mutual release of spaid assistance. The intent behind negotiating an exemption from sped assistance is that if your ex is unable to work by disability or other factors at some point in the future, he or she cannot come after you after having already waived his or her rights to help or release them. If your agreement does not contain a specific waiver of marriage aid, it has not been cancelled and your responsibility to pay assistance to an ex-spouse will continue, perhaps for an indefinite period. Negotiating a fair and reasonable family law agreement requires good faith, cooperation and compromise. I am a competent and persuasive negotiator and have developed hundreds of marriage, cohabitation and separation agreements. People do not always appreciate the legal implications of signing a separation agreement. For example, what is stipulated in an agreement for child care or access could be very difficult in the future. Once a status quo is achieved with custody and access to children, the courts are reluctant to change it for no good reason. If you are not sure that a joint child care agreement can work with your ex, you should try it temporarily before committing to a final separation agreement. A separation agreement is a contract between spouses that sets out the terms of the financial, childish and other arrangements that they must comply with during the separation. You can enter into a separation agreement before you file for divorce after an ongoing divorce proceeding or even if you separate, and neither partner plans to file for divorce.
Under the Ontario Family Act, partners must have negotiated the agreement freely for a separation agreement to be valid – without undue coercion or psychological pressure from both partners. Although it is not mandatory in Ontario, both parties should ideally receive independent legal advice before the agreement is signed. In addition, to ensure the validity of the separation agreement, the parties must be major and have a “full capacity of mind. By negotiating the conditions of custody, access and financial assistance for children during the separation period, parents can help protect their children from unnecessary concerns and uncertainties. By implementing this agreement in writing, parents can be sure to communicate clearly with each other and be sure to know what their rights and obligations are to their children after separation. Finally, it can help parents write to force their children to assure their children that both parents are involved in care, no matter what. If you`re doing your own financial negotiations and calculations, you may not be inclined to check your ex`s net statement of family real estate with a critical eye. An ex may, voluntarily or not, exclude certain assets from his net assets or underestimate them. Ratings cannot always be accepted at face value – you must request confirmation that all items on a financial list are correct.
For example, if your spouse owns a business, it can be difficult to assess exactly what the business is worth without professional help. The real value when a lawyer advises you on the financial aspects of a separation agreement is the confidence that the comparison you get (or the comparison you pay) is fair and based on the law. Can you enter into a separation agreement yourself or do you need to consult a Canadian family lawyer? My recommendation is to learn your legal rights and then try to resolve as much as possible without a lawyer.