A Separation Agreement is a legally binding contract created between two spouses, at the time of their separation. The Agreement establishes the details of the separation including who will live in the family home, how property will be divided, who will pay the family debts, who will make child and spousal support payments, where the children will reside and who will make the important decisions for the child.
To create a legally binding Separation Agreement both spouses must provide full financial disclosure to each other. This requires full details of their assets and liabilities as of the date of their separation. The Agreement must be in writing and signed by each party in the presence of a witness. The Agreement must be entered into voluntarily and not under any duress. Each party must understand the Agreement.
Our mediators will assist the parties to draft a Separation Agreement.
The information included in a Separation Agreement, or other applicable document, is purely an administrative service and does NOT imply any legal advice. The Agreement replicates the information received from you throughout the mediation process. It is strongly recommended that you retain Independent Legal Advice before signing any documentation arising out of the end of your marriage or common law relationship.
Family mediation is a way of helping people resolve issues relating to their separation. The mediator will facilitate direct discussions among the parties to help them create a mutually acceptable Agreement including issues pertaining to parenting, division of property and spousal/child support.
All of our mediators are Accredited Family Mediators through The Ontario Association for Family Mediation.
Divorce is the legal end to a marriage. You have to apply to the court to become divorced. In Canada, divorce is only determined on the grounds of ‘marital breakdown.’ There are three ways to show that your marriage has broken down including 1) Living separate and apart for at least one year 2) Adultery and 3) Cruelty (physical or mental). The majority of divorces are filed based on one year’s separation.
Having a Separation Agreement does not mean you are Divorced. You must apply to the court to become divorced. We can assist separated couples to draft a Joint Divorce Application to file with the court.
A Parenting Plan is a comprehensive document that outlines how you will co-parent your children after you separate. The Plan is personalized to fit the needs of your family situation. It may contain details about residential schedules, holidays, parenting arrangements, education, extracurricular activities, healthcare, travel and parental communication.
Creating a Plan can help reduce conflict, promote stability and clarify uncertainty. It also establishes basic ground rules and protocols for any future changes you may wish to make to the plan.
Division of property can be complex. When a couple separates the spouse with the higher value of assets usually pays an “equalization payment” to the spouse with the lower value of assets. Assets may include such things as your home, vehicles, bank accounts, investments, pensions and businesses. The equalization of property also calculates any debt you and your spouse may have, such as a mortgage, line of credit, credit card debt and loans.
Our Mediators will help you avoid making costly financial mistakes in the equalization of your property.
Every parent has a legal duty to financially support their dependent children. This is the case if the parents were married to each other, were living as common law partners, or have never lived together at all. Child support is meant to help with the living expenses of the child. This includes, but is not limited to: food, diapers, clothing, personal care items, school supplies and, generally, basic extracurricular activities.
Our mediators can help you determine the monthly child support and additional special or extraordinary expenses, if applicable.
Spousal Support is money paid by one spouse to the other after they separate or divorce. Many factors may affect whether a married or common-law spouse is entitled to spousal support and how much support they should receive.
The calculation of Spousal Support can be extremely complex. Our experienced mediators can guide you through this process and provide information that may assist you in coming to a mutual agreement.