Online Mediation Services for Separating Couples
Before getting a divorce, we are often asked how to get separated in Ontario or how to file for a separation in Ontario. The most important document you will need is a Separation Agreement when going through a separation in Ontario.
A Separation Agreement is a legal contract that sets out the terms and conditions that will govern a couple’s separation. Separation Agreements are flexible, can be tailored to specific needs, and are typically negotiated and prepared with the assistance of a family mediator.
Separation Agreements can provide a clear roadmap for both parties to follow during a difficult time and can help reduce conflict and uncertainty when filing for separation in Ontario. Having an agreement can also save time and money by avoiding the need for lengthy court proceedings.
The specific provisions of a Separation Agreement will depend on the couple’s individual circumstances, but some common elements that may be included are:
Division of assets and debts:
The agreement may specify how the couple’s assets and debts will be divided between them. This may include real estate, bank accounts, investments, and personal property.
Spousal support:
If one spouse is financially dependent on the other, the Agreement may establish the amount and duration of spousal support payments.
Child support:
If there are children involved, the Agreement may also indicate the amount and duration of child support payments.
Parenting time and decision making:
The Agreement may outline residency plans, and how important decisions should be made for the children.
Life Insurance and Healthcare:
The Agreement may address how much life insurance and healthcare coverage should be maintained for each spouse and any children.
Tax implications:
The Agreement may also address the tax implications of the separation and the division of assets.
Dispute resolution:
The Agreement may specify how any disputes that arise between the parties will be resolved, such as through mediation or arbitration.
Termination of the Agreement:
The Agreement may specify when and how the Separation Agreement can be modified or terminated.
Once the Agreement is finalized and signed, it becomes legally binding and enforceable in court. It requires both parties to comply with the terms of the agreements, which may include property division, child support and spousal support. If either fails to comply, legal action can be taken.
Since a Separation Agreement’s provisions are binding on the parties who sign it, it’s important to seek independent legal advice from a family law attorney before signing any documents.
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A Separation Agreement is for couples who once shared a life together and are now going their own separate paths.
Here’s a guide to help you determine if an Agreement is right for you:
Couples Living Apart After Cohabitation: If you and your partner lived together and are now living separately, a Separation Agreement can help in legally defining the terms of your separation.
Parents Looking for Clarity: For those with children, this agreement is crucial in outlining the residency and holiday schedule, and who will make important decisions on the children’s behalf.
Property and Financial Arrangements: Couples with shared assets or financial interests often find a Separation Agreement essential in dividing properties, debts, and financial responsibilities equitably.
Seeking Guidance: If you’re looking for a way to settle various aspects of your separation, such as rights and obligations, and personal affairs, a Separation Agreement provides a clear path forward.
While a Separation Agreement is not mandatory to file for divorce, it’s often beneficial.
Two main reasons include:
Yes, you can be considered separated while living in the same house. Documenting this change, such as through an email stating the date of moving to another room as the separation date, is advisable.
Here’s the cost of a Separation Agreement in Ontario as per the 2021 Legal Fees Survey published in the Canadian Lawyer Magazine:
Lawyer per person | Paralegal or support staff per person | |
Separation Agreement with children | $13,300 | $4,499 |
Separation Agreement without children | $10,467 | $3,999 |
Child custody and support Agreement | $12,273 | Included |
Spousal support Agreement | $12,341 | Included |
Division of property /assets Agreement | $12,432 | Included |
Uncontested divorce | $1,439 | $560 |
Any person aged 18 or above can witness a separation agreement as long as they’re someone who is NOT a party to the agreement. i.e. spouse or children.
The witness can be a third party who is present at the time of signing, who is not benefiting from the Agreement, and is of sound mind.
If a spouse refuses to sign a Separation Agreement in Ontario, they cannot be forced, since neither party is legally forced to enter into one. In such a situation, seeking advice from a divorce lawyer or a family law professional is advised.
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Legal Disclaimer
Information on this website may contain legal information but is not to be interpreted as legal advice. It is strongly recommended that you obtain Independent Legal Advice (ILA) before signing any documentation arising out of the end of your marriage or common law relationship.