A Guide To Drafting Separation Agreement Ontario

By Deborah Martin


There comes a time when partners have to go separate ways. Because of the bond that existed and the presence of either property or children, it is important to sign a detailed separation agreement Ontario. It will determine what each takes and how others that cannot be divided will be utilized or handled. It also guides all future interactions to avoid conflicts or disagreements.

The deal is aimed at enabling both parties to each take up own responsibility and ensure that those to be shared are clearly outlined. The presence of a lawyer is not mandatory. However, you need to agree and ensure that your deal meets the set criterion in order to stand the test of the law.

Be thorough in your drafting. Capture all the details about areas in your lives that involved both parties. There are loopholes that cannot withstand the passage of time like the value of properties and changes that happen after you have separated. Contemplate tangible implications that affect both parties.

Issues agreed must be mentioned or entered with precision. Do not leave open ends and ambiguous areas that are subject to multiple interpretations. For instance, if you have a vehicle, mention its model and who should go with it. Without precise information, interpretation will be a challenge and may be done in a way that does not favor you.

The agreement must be based on factual information. If you indicate that your partner owns an apartment, it must be his and not one belonging to his family, for instance. The names used on the paper must be the exact ones used on official documents. The dates and their ranges must also be accurate. Bank account numbers, addresses and such markers must be captured with accuracy. Any inaccurate information could cause the entire deal to be nullified.

Personalize the agreement to reflect your unique scenario. Relatives, friends and associates can create agreements the way they want. Copying means that you are attempting to apply a One-Size-Fit-All scenario that does not work in all situations. Such copying will mean that you get the shorter end of the bargain. You will be creating an opportunity for conflicts.

Prepare for the future through agreed deal. The moment many people are separating is usually marked with tension and a desire never to meet again. This is likely to blind you into failing to contemplate future changes. However, you might want custody for children, for example but they may want to be with the other parent more often. Leave a leeway for changes in conditions in future.

Take the most realistic approach when you are discussing issues. An example is where you cannot control every aspect of life for your partner. Though you might agree on visitation, and issue like sickness, school and random meetings may cause you to be in the same environment. When you make the conditions too strict, they will cause unnecessary conflicts.

Work with a professional to review issues agreed before you can file it in court. A lawyer will help you tie the loose ends even though he might not participate in actual drafting. Protect your interests as much as possible but also be realistic.




About the Author:



Aucun commentaire:

Enregistrer un commentaire