A Guide To Drafting Separation Agreement Ontario

By Deborah Martin


At a point in life, it is inevitable for partners to part ways. The presence of children and properties, among other issues, demands that you sign a separation agreement Ontario. This is a document that will define responsibilities of each party and restrictions that he or she must live within. When it is drafted well, it will save you from a lot of conflicts and protracted court battles.

The agreement must not be seen as an avenue to keep one person away from the other. Rather, it is an opportunity to define the path and manner of interaction after separating. It also helps to maintain sanity as well as ensure that no party is treated unfairly in the process. What should you consider to make the deal valid in law?

Be thorough in your drafting. Capture all the details about areas in your lives that involved both parties. There are loopholes that cannot withstand the passage of time like the value of properties and changes that happen after you have separated. Contemplate tangible implications that affect both parties.

Issues agreed must be mentioned or entered with precision. Do not leave open ends and ambiguous areas that are subject to multiple interpretations. For instance, if you have a vehicle, mention its model and who should go with it. Without precise information, interpretation will be a challenge and may be done in a way that does not favor you.

Enter information that is factual and detailed. Only facts can be used to make a determination in case conflicts arise. For instance, the name of both spouses must be entered the way they appear on official documents. Vehicle models and apartment addresses must also be accurate. Liabilities and bank details must be accurate. In case some letters or digits are missing, you are likely to lose if a conflict arises.

The deal you agree on must be personalized. You cannot pick what your friends or relatives used and assume that it will work for your situation. It never works because circumstances are always different. There is no One-Size-Fit-All scenario when dealing with a separation. It will only result in conflict or a situation where one feels that it is unfair.

Mind the future by predicting it. There is a lot of tension as people separate such that most will not want to meet again or will desire the least possible contact. However, it is always prudent to anticipate that children may desire to be with their other parent or may be brought together by circumstances. Make provision for changes that are beyond your control in future.

A realistic approach to negotiations will save you a lot of stress in future. The reality is that it is, for example, impossible to control what happens in the life of your spouse. You might bump on to him when taking a walk or be brought together by school activities. This means that being strict and demanding to follow the dictates of the deal will be unrealistic. However, do not leave too much loophole. Otherwise, it will nullify everything you have agreed.

Work with a professional to review issues agreed before you can file it in court. A lawyer will help you tie the loose ends even though he might not participate in actual drafting. Protect your interests as much as possible but also be realistic.




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