Are you looking to file a legal separation agreement without a lawyer? “Hey Siri, file my divorce.” If only it were that simple, right?

When dealing with divorce or separation, the entire process may seem like a daunting experience.

So it begs the question, “Why can’t I just do it myself? Can I create a separation agreement without a lawyer?” Technically, yes. But we will go back to that topic afterward.

It’s possible to file for a legal separation without a lawyer by determining your eligibility, preparing a separation agreement, filing the agreement with the court in your jurisdiction, and serving the agreement on your spouse.

Benefits of Filing for Legal Separation Without a Lawyer

To be eligible, you must have been married and living in Canada for at least one year, or if you were married outside of Canada, your marriage must be recognized in Canada.

The separation agreement outlines the terms of your separation, including property division, support, and custody, and should be fair and reasonable to both parties.

Filing the agreement

After filing the agreement and paying a fee, a copy of the agreement must be served on your spouse. It’s important to keep in mind that filing for legal separation without a lawyer may involve a higher level of responsibility and effort, so it’s always recommended to consult a lawyer if you have any questions or concerns.

You can learn more about separation agreements here. If you want a lawyer, contact us. We can connect you with one.

Listen to the audio message below. It will help guide you before you read this article.

The Divorce Act In Canada

Let’s first differentiate between what it means to be divorced and what it means to be separated. Divorce is the legal termination of a marriage and allows for you or your ex-spouse to remarry.

According to the Divorce Act, the single fundamental ground for divorce is the breakdown of a marriage. One must demonstrate their marriage has broken down in one of the following circumstances:

Separation for at least a year
Adultery
Cruelty

On the other hand, separation is defined as the act of two married persons living in separate residences or separate lifestyles. At the time of separation, it is not required for a judge to tell them they are now separated.

However, the spouses enter into a separation agreement or acquire an order from the courts. It would outline each party’s rights on matters such as child custody, child support, spousal support, property, and debts.

The Lawyers Work With Clients Mostly Online

The lawyers mostly work with clients online. These lawyers can help you if you need to file documents or forms with the courts. They can also appear for you for motions.

A court can be a scary place and it’s nice to have someone on your side. At the minimum, the lawyers also offer self-represented coaching. Even if you are going to court without a lawyer, you can still get legal advice from a lawyer.

Learn more: How Do Lawyer Consultations Work?

While separated you are still legally married to your spouse and at any time may make peace. It is important to note that a separation agreement is voluntary and is not compulsory under the law to enact a legal separation.

As a matter of fact, you don’t really file for “legal separation”. A couple is legally separated as soon as one spouse decides to live separately.

What are the benefits of filing a legal separation agreement without a lawyer?

There are several benefits to filing a legal separation agreement without a lawyer in Canada. One of the most significant benefits is cost savings.

Hiring a lawyer can be expensive and can add a significant financial burden to an already stressful situation. Filing the agreement on your own eliminates the need to pay legal fees and can make the process more affordable.

Another benefit of filing a legal separation agreement without a lawyer is the flexibility it provides. When working with a lawyer, you may feel limited by their experience and their perspective on your situation.

Understanding Legal Separation: What It Really Means

Filing the agreement on your own allows you to be in control and tailor the agreement to your specific needs and circumstances. This can lead to a more personalized and satisfying outcome.

Filing a legal separation agreement without a lawyer can be quicker and more efficient. Lawyers often have a large caseload and may not be able to provide immediate attention to your case.

Filing the agreement on your own allows you to move at your own pace and make decisions quickly without waiting for legal advice.

It’s important to note that while there are benefits to filing a legal separation agreement without a lawyer, there are also risks involved.

If you are unsure about the legal process or the terms of the agreement, it’s recommended to consult with a lawyer. This will help ensure that the agreement is legally binding and that your rights are protected.

Separation Agreement Without a Lawyer

Just because it is not required does not mean you should not have one. So what’s needed when creating a legal separation agreement?

It is essential for both parties to be completely transparent regarding their finances and liabilities. Each spouse must enter the legal separation agreement voluntarily without duress.

Both spouses sign a written agreement in the presence of a witness. In some instances, the legal separation agreement can be put under judicial review, especially when the rights of children are concerned, and the conditions of the agreement can be reversed.

Legal separation agreements can be filed with the Family Responsibility Office in situations where there is uncertainty if the other party will meet the obligations and responsibilities in the agreement.

This office is financed by the Government of Ontario and is capable of enforcing support payment as per the agreement.

Can I do a separation agreement without a lawyer?

Let’s return to one of our initial questions, “Can I do a separation agreement without a lawyer?” As mentioned before, the answer is yes.

Some couples may choose this course due to legal expenses or the notion that lawyers intensify “bad blood”, or simply because they would like to handle such private proceedings themselves.

Lawyers, conversely, are trained, experienced, and equipped to deal with these proceedings in an efficient and effective manner. Foremost, lawyers ensure your legal rights are protected at all times.

They recognize and resolve inequitable circumstances that could result in a possible unequal distribution of resources or an agreement to a lesser amount of support.

Separation Agreement Without a Lawyer

All in all, the decision is yours. Legal separation agreements should not be taken lightly due to their complexity. It is critical that you comprehend what can and cannot be incorporated into said agreement.

Apart from the content, the format and language of the agreement should appease the judge. Hence, it would also be a good idea to obtain examples to allude to.

You can try and do a separation agreement without a lawyer. If you decide you want to do it professionally, fill out the form on this page.

Are you (and your spouse) looking to discuss filing for legal separation or divorce? Please contact us.

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“It’s always better to sort things out for yourself if possible. Lawyers can be good to finish the agreements.” – Alan M

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How to Sign a Separation Agreement Without a Lawyer