Contract Separation Agreement in Oakville
A Separation Agreement is the single most important document you will create when ending a marriage or common-law relationship. It is a legal contract that allows you to bypass the stress, time, and expense of Court Proceedings by deciding your family’s future terms yourself.
At Nachla Law, our focus is on drafting a comprehensive, enforceable Separation Agreement that provides a tailored solution for your unique situation. We ensure your legal rights are protected, allowing you to move forward with certainty.
What is a Separation Agreement?
A Separation Agreement is a detailed, written legal contract between two people who were married or in a common-law relationship and have decided to separate.
This agreement formally resolves all Family Law issues arising from your relationship and the breakdown of your relationship, ensuring that you (and not an Ontario family law judge) retain control over the outcome.
For the agreement to be binding under the Family Law Act, it must:
- Be in writing.
- Be signed by both parties.
- Be signed in the presence of at least one witness.
- Be entered into voluntarily.
- Contain full financial disclosure provided by each party.
- Have a Certificate of Independent Legal Advice signed by both parties’ lawyers who provided Independent Legal Advice (ILA) to each of the parties.
This agreement acts as the foundation for your life post-separation. Typically, the Separation Agreement is finalized before the finalization of uncontested divorces.
Example of Separation Agreement in Ontario: What Does it Cover?
A comprehensive separation agreement will resolve every key substantive issue that would otherwise be decided by a family court judge.
Key areas your separation agreement must address include:
- Parenting Arrangements: This covers the day-to-day care of your children, including regular parenting time (what used to be called child custody, access provisions or visiting rights), and creating a detailed regular parenting plan and a specific parenting plan for holidays and major decisions such as with respect to major medical decisions, education, and religious upbringing, whether you agree to sole custody , joint custody or shared custody.
- Support Claims: This determines the amount, duration, and frequency of child support payments based on the Child Support Guidelines, and whether or not spousal support is payable and if so, the quantum and the duration. These child and spousal support payments can be enforced through the Family Responsibility Office (FRO), but typically, in separation agreements, support payments are paid directly by the support payor to the support recipient unless there is a default of support payments.
- Property Division: This is the legal process of net family property equalization, which entails equalizing the value of assets and liabilities accrued during the marriage, including the matrimonial home (or family home), pensions, investments, and debts. It formalizes the division of property or property and asset division.
- Miscellaneous: Finalizing the sale or transfer of title of real estate, addressing insurance policies, dealing with financial ties, and including clauses for future dispute resolution.
Lawyer for Separation Agreement: Your Options and Our Services
Navigating the complexities of Ontario family law requires experienced Family Law Lawyers. A trustworthy separation lawyer does more than just agreement drafting; he or she negotiates the terms of your separation agreement and provides essential legal advice to protect you from future legal risk.
At Nachla Law, we offer a wide range of services designed to match your family dynamics and budget:
Collaborative Family Law & Negotiation
If you and your former spouse are committed to reaching a mutual settlement outside of court litigation, our lawyers at Nachla Law use the principles of Collaborative Family Law. Our goal is to achieve a collaborative divorce resolution, preventing the need for costly legal action or exposing you to high legal and court fees. This is not only the fastest and least stressful path to a finalized separation agreement, it also preserves the relationship between the ex-spouses, which is particularly important for co-parenting of children.
Independent Legal Advice (ILA)
If you have already negotiated the terms of an agreement, you still need a lawyer to provide Independent Legal Advice (ILA) before you sign. We will review the draft separation agreement, analyze the financial disclosure, determine the net family property equalization payment, ensure proper application of the Child Support Guidelines, determine if spousal support is payable and calculate the spousal support, and confirm that the terms are fair and reasonable while also protecting your interests. We can also review related agreements like Prenuptial and Postnuptial Agreements (also known as Marriage Contracts) and Cohabitation Agreements.
Unbundled Legal Services
Through our Unbundled Legal Services, we offer discrete legal support as needed, such as:
- Assisting with complex financial calculations, like Determination/imputation of income.
- Providing a legal review and preparing your required financial disclosure.
- Helping you navigate the enforcement of separation agreements, and court orders with respect to family law issues like Custody & Access, child support and spousal support, and more.
Litigation Backup
While the separation agreement is designed to avoid the family court altogether, having an experienced marital agreements lawyer who understands divorce proceedings and courtroom procedures is crucial. We ensure that your separation agreement terms will be enforceable by a court judge or arbitrator. Also, if negotiations fail, we are ready to move quickly on a Court Application to protect your interests, using the detailed documentation and information gathered during the negotiation phase.
How Do I File for Legal Separation?
In Ontario, legal separation is not a formal filing process in the same way you file for divorce. Separation is a factual event that occurs when you and your spouse begin living as separate individuals, even if you still reside in the same house. Typically, you are separated when one spouse communicates to the other that this is not only a fight, it’s over. Essentially, a separation is defined as when at least one of the spouses stops working on the relationship. For example, discontinuing relationship counselling, moving to another part of the house or moving out of the house altogether, buying your own groceries and eating meals separately, not attending weddings and holidays together, and so forth.
The process of formalizing the separation is done by completing and signing a Separation Agreement.
Steps to Formalizing Your Separation:
Establish the Date of Separation: This date is critical for calculating property division and net family property equalization entitlements. Also, you must be separated for one full year in order to qualify for a divorce order.
Exchange Financial Disclosure: Full and frank disclosure of all assets and liabilities is mandatory. Without it, the agreement is vulnerable to being set aside by an Ontario family law judge in a judicial review later.
Negotiate and Draft the Agreement: We work with you and the other party’s lawyer to negotiate terms and complete the comprehensive agreement drafting.
Sign and Finalize: Once the marital separation agreement is signed, it becomes a binding and enforceable legal document. It can then be used as the basis for a simple uncontested divorce after one year of separation, saving you from having to file contested divorce papers.
Why Choose Nachla Law for Your Separation Agreement?
Choosing a separation agreement over a full contested court application saves you time, money, and emotional energy. While we are experienced and skilled in court litigation, we firmly believe the path of mutual agreement, supported by solid legal advice, offers the best start to your new life. Separation agreements are much more exhaustive than court orders. Typically, court matters return to court every two years on average. Our Family Law Services secure your future, allowing you to minimize legal and court fees and maximize stability. We provide professional guidance on all matters.
Looking for a lawyer for a separation agreement?
If you are ready to secure your future with a binding legal contract, we are here to help. Don’t leave your financial and children’s well-being to chance. Contact Nachla Law today to schedule your consultation and start preparing your tailored Separation Agreement.
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