The decision to separate from a partner entails a list of complex matters that must be dealt with upon separation. Separation of financial ties, possession of the matrimonial home, decision to sell or keep the matrimonial home, gifts given to each other and if there are children from the marriage, who spends how much time with the children, are only some of the issues that must be attended to. Generally, individuals feel that an online template of a Separation Agreement will work for them. However, it is best to use a lawyer for any separation agreement in Ontario.
What is a Separation Agreement?
A separation agreement is a written agreement between spouses and common-law partners who are either in the process of separating or have separated. Generally, a separation agreement puts the rights and duties of each spouse or partner in writing. For example: who will remain in the matrimonial house, who will be responsible to pay which debt, who will pay spousal support and child support, will the custody be joint or sole, and what will be the visitation rights of the partner who does not have custody of the child(ren).
Is a Separation Agreement Required?
Separation Agreements are not required by law and therefore, a separation agreement is not required to determine that a separation is legal. However, a separation agreement makes the separation a lot easier as the lawyers of both parties can negotiate the relevant issues, apply the law to each issue and ensure that each relevant issue is put into writing.
Why should you choose a lawyer to represent you while negotiating a separation agreement?
Online templates are standard and static. This means that a generic template would not apply to the unique situation of each individual. In a nutshell, separation agreements are not “one size fits all”. All individuals are unique, their issues are unique, their marriages are unique and therefore, their separation is also unique. A generic template cannot address the unique challenges that an individual faces while going through a separation. A lawyer can apply legal knowledge and experience to your unique situation and advise you about your rights as a spouse/ex-spouse/ex-partner and duties as a parent.