A Guide To Drafting Separation Agreement Ontario

By Deborah Martin


Separation is sometimes inevitable in life despite people living together for long. However, it is made complex by the presence of children, properties and other issues in between. To avoid future conflicts, it is advisable that you develop a binding separation agreement Ontario to help you deal with contact, responsibilities and obligations afterwards. It will help you avoid court battles and conflicts in future.

The contract stipulates your rights and responsibilities regarding properties and engagements into the future. Surprisingly, you do not require a lawyer for the deal to be acceptable in law. However, it must meet particular conditions to be safe and useful to both parties.

Ensure that all elements involving the parties and related properties or children are covered. You must scrutinize all areas in your life and ensure that there are no loopholes. Thorough coverage should address issues that do not change over time. However, make mention and provision of issues that could change.

Be precise as you make the deal. Mention names of places and people, their quantities and distinguishing elements to make clear what you are referring to. For instance, if there is a vehicle involved, its model should be mentioned. This ensures that nothing is left to chance or subject to multiple interpretations.

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.

Prepare a deal that is personalized to address your unique situation. Do not copy what your relatives, friends or associates have agreed upon. The circumstances you are facing are different from what your friends are facing. Picking a One-Size-Fit-All package will prove a huge problem. You end up getting the shorter end of the deal or causing conflicts in future.

Predict the future and make provision for it. The tension associated with separation scenarios makes it difficult for parties to be open minded. However, the circumstances are bound to change over time. Anticipate, for instance, a scenario where children will demand more time with their other parent. Though the agreement does not provide for that, you cannot deny them.

Be realistic in your approach to issues agreed. For instance, you cannot govern every aspect of the life of your spouse. Though you might agree that he or she never comes near children, instances of sickness, school activities and unexpected meeting might bring them together. If the terms are too tight and unrealistic, you are likely to find yourselves in too many conflicts.

Engage a professional and reveal all the details that will be useful in decision making. A lawyer will make the agreement easier and favorable by protecting your interests. Through you should protect your interests, you must be realistic to avoid conflicts. Remember that this is a give and take situation.




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