Separation Agreement Template Ontario
Separation agreement template Ontario, are you looking for one? Separations are as tough as divorces. There’s a phenomenal amount of stress, frustration and grieving involved. Also, you must shell out copious amounts of money on lawyers. But of course, the lawyers help you navigate through the unbelievably complex mazes of a separation.
The good news that you don’t have to hire lawyers in order to deal with the headache of separating from your partner. You can try your best to do that while sitting at home.
How? By simply downloading a separation agreement and filling it on your own. For those of you who have no idea what we’re on about, let’s go back a little.
If you want to hire a family lawyer to do your agreement, read this article.
You can also file separation without a lawyer. Read how to do it.
FAQ About Separation Agreements
Do we need to have a lawyer to create a separation agreement?
Even if you decide to download a template off the internet, you need a lawyer to provide independent legal advice to both parties.
What happens if we don’t get independent legal advice?
The agreement might not be considered valid and could be thrown out by a judge.
How much is it to get an agreement done properly by a lawyer?
We can do a simple separation agreement for only $1100.
So…. What exactly is a separation agreement?
It is a legally binding document that is signed in writing by two partners who are about to be separated. They might have already separated from one another. It outlines the rights of each partner in detail. It also normally includes the terms of division of property, assets, child support payment, visitation rights, and family debts etc.
Is it compulsory for me to fill out an agreement?
Most of the time it’s not, unless your local court tells you they want to see a signed separation agreement.
If you don’t have children or any joint assets, most of the time you won’t have to fill one out. Still, we advise you to talk to your lawyer before deciding not to sign a separation agreement. You don’t want to open yourself up to legal issues in the future.Then why bother filling out a domestic agreement? You should have everybody’s duties and obligations written. It should be signed willingly by all the parties involved. Therefore, there’s little room for any ambiguity regarding the terms. Verbal agreements depend entirely on the relationship you share with people. The moment the relationship worsens, people often resort to going back on their word in order to spite the other party. You don’t want that happening to you, do you? Who can help me with this?
Agreement Template Ontario- Lawyers Are Here To Help
Well, of course lawyers are your go-to people when it comes to anything legal. They not only create your separation agreements for you, but also negotiate their terms and conditions with your partner, on your behalf.
Keep in mind that both of you need to have different lawyers for such a task. It is not advisable to share a lawyer, no matter how close or important they are to you. This leads to massive conflict of interest issues.
But…. Lawyers are expensive.
That is sometimes true, depending on the lawyer. Are you someone who’s from a non-legal background (we assume you are, since you’re reading this). Perhaps even the mere thought of signing a legally binding document can be extremely daunting.
So, what’s my alternative?
Well, you’re in luck here. Your alternative to hiring lawyers is to download your separation agreement online. You can then complete all the formalities on your own.
If you and your spouse end up needing to go to court, get a lawyer. Court is a very formal place. Keep in mind that if your lawyer wins, the other side might have to pay your legal costs.
What else do I need to know?
You need to know your partner’s financial conditions inside out. If you do not, you might say that lying to you is only going to make things more difficult for them. It might even end in dire situations, like their visitation rights being taken away completely, if a court were to make that decision.
Ask your partner (or their lawyer) to give you a detailed list of their assets and liabilities. This will help you decide how to divide your financial duties and burdens between the both of you. The same goes for their commitment towards your pet or children (or both).
Give them enough time to go through their documents. But also make sure they aren’t using this time to delay the process. You don’t want them to prolong your mental duress, if you have it. Put your foot down if you must. If possible, you want to end things in a time period that isn’t too long.
Get independent legal advice. Who you call for this, is completely your decision. Our law firm offers it for a flat rate if it’s a simple contract review.
Unless this is an amicable separation, expect your separation agreement to undergo several changes. This might happen on your partner’s end before they agree to sign it. Most people do this out of spite, so be prepared for this mentally.
How To Avoid Issues With Separation Agreement Templates
To avoid the situation above, you should also ensure that the agreement from your end is fair. Unfair agreements sometimes put the parties in a terrible battle. This can prolong their legal procedures by months or years.
Ensure that both parties sign the agreement. Make sure there is at least one witness present, ideally a lawyer.
Neither party should be under any form of duress when signing the agreement.
To avoid being accused of harassment or manipulation, ensure you record your dealings and your partner signing the agreement.
The terms of your separation agreement can be changed anytime. This can happen even after you’ve signed the document, once they have been mutually agreed upon.
Know that the final decision lies in the hands of the courts.
Separation Agreement Template Ontario- Getting the right legal advice
There’s no denying getting legal help is quite a task, especially if it’s your first tango with a legal issue.
But remember – the right lawyer will not only help you understand all legal jargon out there by simplifying it, but also guide you towards the most appropriate solution for your problem. A rock-solid separation agreement will ensure that your rights will be protected by the law. Make sure there are no loopholes that can be taken advantage of by your ex partner.
Which brings us to our conclusion. If you’re looking to hire a legal representative for assistance in any shape or form regarding your separation agreement, do not hesitate to contact us.
If you want to learn more, please have a look at our videos.