A separation agreement is a solution when a marriage partner experiences problems with the other partner. It’s a calm and impartial approach to a stressful life situation to avoid exasperated problems. A separation agreement contract records all family law issues arising from a separation. Those problems include support, parenting, and assets division. When parties agree to sign the contract via a separation agreement lawyer in Mississauga, they evade unnecessary legal costs of court litigation.
What Role Does a Separation Agreement Play?
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Legally, you don’t need a separation agreement to separate or divorce legally. Besides, there isn’t any law that obliges spouses to enter into a separation agreement. A separation agreement offer parties a degree of control over what they will receive once they separate. It gives both parties a chance to make decisions in writing about what they will earn after separation. Moreover, it’s beneficial for spouses with children to enter into a separation agreement. You may need a sepration agreement for:
- the sale of a matrimonial home.
- the title change of a matrimonial home
- for a new mortgage
Important Tips to Remember
Here are tips you must remember if you decide to separate from your spouse in Mississauga:
Tip #1: Separation and Divorce Are Different
Essentially, marriage partners should know the difference between a separation and a divorce. If a couple, married, or common-law partners decide to live apart, they enter into a separation. However, you can’t end a marriage officially in Missisauage with separation without a Divorce Order. The court will consider the following factors to identify if spouses are separate or living apart:
- Sharing of a bedroom
- Sexual relations with each other
- Preparation and consumption of meals together
- Mutual presence in social events
- Sharing of chores
- Continuous talking with each other as per schedules
Contrarily, a divorce means termination of a marriage through a court order after a year of separation. Nonetheless, spouses can initiate divorce proceedings before completing a year of separation. However, a court will grant a divorce order after one year has passed.
Tip #2: Importance of a Date of Separation
The date of separation is important to grant a divorce in Mississauga. A credible separation agreement lawyer in Mississauga will inform about this matter to the parties who may enter into a separation. Divorce lawyers, family attorneys, and judges want to know the exact date of separation to grant a divorce. Additionally, it helps in calculating the support commencement date. Spouses claiming the support can only receive the support from the date of separation, not before. Property division matter also relies on the date of separation.
Tip #3: Things to Include in a Separation Agreement
There are certain matters you have to include in a separation agreement, mentioned below:
- Parenting
- Support
- Property Division
- Pension
- Dispute Resolution
- Divorce
Tip #4: Independent Legal Advice
Attaching a certificate of independent legal advice is vital for spouses executing a separation agreement. A court can challenge it, set it aside, vary, or change it. Consulting with a separation agreement lawyer can help spouses to vary a separation agreement if they need it.
Tip #5: Enforce a Separation Agreement
Under Family Law Act & Rules, you can enforce a separation agreement. Either of the parties can file it in court if hasn’t changed to assist in enforcement. However, a party would need to fill out Ontario Family Court Forms to file a separation agreement in a court
Tip #6: Separation Agreement Cost in Ontario
The costs for a separation agreement vary based on the grounds you are utilizing for the contract. For instance, separation agreement templates may cost you less than $100. Moreover, a separation agreement lawyer may charge you a flat fee of $500 for simple separation. However, a lawyer fee will vary for the custom separation agreement. Some lawyers may charge an hourly rate for their assistance concerning a separation agreement.
Conclusion
A separation agreement is a solution when a marriage partner experiences problems with the other partner. It’s a contract recording all family issues arising from separation, including support, parenting, and asset division. You may need a separation agreement for the sale of a matrimonial home, its title transfer, or a new mortgage. Moreover, you must remember the following while you separate via the assistance of a separation agreement lawyer in Mississauga:
- Divorce and separation are different.
- Importance of the date of separation.
- Things you need to include in a separation agreement.
- Independent legal advice to enter into the contract.
- How to enforce a separation agreement.
- Varying costs for a separation agreement.
If you are looking to file for a divorce or getting a divorce in Mississauga, Brampton, Milton, or Oakville, look at none other than Divorce Fast (https://divorcefast.ca/).
