A separation agreement is a domestic contract that is governed by the Family Law Act of Ontario. It is signed by both spouses, ex-spouses, common-law partners, or ex-common-law partners and their respective lawyers.
A separation agreement is the quickest and most efficient way to settle matters after a couple’s separation. In it, you can agree on terms regarding the division of your assets, household contents, matrimonial home, possession of home(s), child support, spousal support, parenting time, decision-making responsibility and more.
Separation agreements can go well beyond 20 pages. They can be, and it is generally recommended for them to be as detailed as possible.
There are many different types of separation agreements. They do not have to be final, there are interim separation agreements. For example, if a couple would like to decide parenting time issues later on and have an urgent issue with a particular asset, they may make a final or interim separation agreement with respect to only that particular issue. That does not prevent them from making further agreements. However, this, of course must be reflected in the terms of the agreement, which is something that we take care of.
Generally, it is not recommended to sign a separation agreement without prior financial disclosure. We advise against this as it may “eat” up your rights. Financial disclosure is when both parties disclose to each other their financial position at the separation date, but also, when necessary, at the date of marriage (if applicable). There is an obligation to honestly disclose your finances, which is why parties swear an oath or solemnly declare the truth of their disclosures.
A dishonest financial disclosure can lead to the invalidity of a separation agreement. It is grounds for unenforcement.
It is important for a separation agreement to be agreed upon voluntarily, and without undue influence. In fact, there is a law against negotiating between partners with a clear imbalance of power leading to an invalid agreement or signature. Therefore, a simple signature on a separation agreement is not conclusive to its validity. The circumstances under which the agreement was agreed upon matter.
If you would like to have your separation agreement set aside, you can contact us by booking a consultation. Email us at firstname.lastname@example.org.
A separation agreement can be drafted at any time, before litigation or in the midst of it as a form of settlement. It is actually recommended that couples settle through a separation agreement, to the extent that lawyers sign a declaration before filing a family law application in court, admitting that they have done everything in their power to recommend a settlement and encourage parties to resolve their family law issues efficiently in private through various mechanisms such as mediation, arbitration, collaborative law, and negotiations.
At Rana Charif Law Firm, we are experienced with reviewing, drafting and advising on separation agreements. We take clients by the hand through the process from the start to ensure a fair result. We guide our clients through financial disclosure and ensure that we protect them by enforcing the disclosure obligations of their spouses or partners. We work in your best interests to preserve and exercise your rights while ensuring that you successfully move to the next chapter in peace. Book a consultation: email email@example.com or call 647 806 9184.
November 22, 2021