Oshawa Family Lawyers Drafting and Reviewing Separation Agreements
A separation agreement is a contract between you and your former spouse or partner that sets out how you are going to divide your assets, make any necessary equalization payments and other important details, including who will live in the matrimonial home, following the breakdown of your relationship. Both married and common-law couples can draw up and sign a separation agreement.
The separation agreement forms the key contract in your separation process and will affect almost everything you do going forward. As a result, it is important for each spouse/partner to obtain independent legal advice before they agree to the terms and conditions contained within the final separation agreement.
At Borden Family Law in Oshawa, we have been advising clients on separation agreements for more than 17 years. Our experienced family law lawyers can outline all of your options, explain the potential risks, protect your interests, and negotiate terms that are mutually satisfactory to both parties.
Separation Agreements in Ontario
Separation agreements can be either verbal or written; however, it is always advisable to have a written and signed separation agreement in place in order to manage your legal and financial risk and eliminate potential disputes going forward.
Although former partners or spouses do not have to go to court in order to finalize their separation agreement, the final agreement is usually filed with the court once it is prepared in order to have a record of the consensus between the parties. The separation agreement must be signed by both parties and witnessed, with the witnesses signing as well.
If there are serious disagreements, or the parties cannot reach an agreement with the help of their lawyers, they can opt for a Collaborative, Mediated, or Arbitrated process to attempt to come to a consensus.
It’s important to note that neither a separation or a separation agreement, is a divorce. These are merely the first steps towards divorce. Only a court can issue a divorce order and legally dissolve a marriage.
Contact Borden Family Law in Oshawa for Forward-Thinking Advice on Separation Agreements
At Borden Family Law, we can help you through the process of drafting a separation agreement. We will work with your former partner or spouse and their lawyer to draft an agreement that is mutually agreeable and protects your legal rights and interests. We practice family law and family law only. Our narrow focus means our clients benefit from our in-depth knowledge and significant experience. We serve clients in Oshawa, Brooklin, and the surrounding areas. To see how we can help you resolve your issue, call us at 905-576-6090 or contact us online. Ask about our flat fees and bundled services.