Separation Agreement
Going through a separation isn’t easy under any circumstances. When there is so much to work out, a separation agreement is often the right choice. It helps you navigate the situation and ensure things are fair and reasonable. Although it may seem intimidating, coming up with a separation agreement in Ontario through mediation is much easier and less stressful than going to court. Our team at Separate Simply will guide you through everything.
Such an agreement covers many areas of your life and relationship. While there may be some areas that don’t apply to you, it’s a good idea to familiarize yourself with how it works.
Who Needs a Separation Agreement?
If you were previously cohabitating and now live apart, you are eligible to enter into a separation agreement. They specify this in the Family Law Act, section 54:
“Two persons who cohabited and are living separate and apart may enter into an agreement in which they agree on their respective rights and obligations, including:
Ownership in or division of property
The right to direct the education and moral training of their children
The right to custody and access to their children
Any other matter in the settlement of their affairs.”
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Separation Agreement
Understanding the Different Parts of a Separation Agreement
Parenting
If children are part of the equation, this becomes a huge part of the agreement. It’s also common to have some disagreements here, which must be handled carefully. It’s a sensitive area and it’s crucial that both parents and children are respected and considered, even if it requires much discussion.
Through mediation and with the help of our team at Separate Simply, you can come to a mutual agreement on all matters of parenting. This includes custody, education, visitation/access schedules, child support, health benefits, insurance, etc.
Spousal Support
Another important determination is spousal support. You must decide if any support will occur, and if so, how much, how often, and under what circumstances the support should change or cease.
If no spousal support is needed, this must be justified as well.
Property
The agreement will also determine the details of how property is to be divided and/or paid out. You must stipulate how much is to be paid, to whom, and when (lump sum or installments).
The Home
There are many potential solutions for handling the matrimonial home. You must determine if the house is to be sold, or if one party will continue living in it. Should it be sold, you must cover all details such as how the proceeds will be divided and who will pay for upkeep until the sale occurs.
If one party is to remain in the house, this must be outlined as well, and you must indicate if one party will buy the other one out.
Disputes
Much of these agreements cover how things are handled and resolved once the separation occurs. However, you must also decide and indicate how future disputes are resolved, should they arise. You may determine that in such a case, you will turn to a mediator or arbitrator once again to avoid court.
Debts and Pension
Debts and pensions are two other areas that pertain more to the future. As part of your agreement, you must decide how these will be handled. You’ll determine who is responsible for any debts incurred throughout the relationship, and how pensions will be handled upon separating.
Choose Mediation For a Better Experience
As you can see, there are many facets to a separation agreement in Ontario, and this list is not exhaustive. It may feel overwhelming, but with guidance from the knowledgeable team here at Separate Simply, you’ll make it through the process smoothly. Mediation can still be a lot of work, but it’s almost always a better experience than trying to take on the court. This can get heated, frustrating, and far more expensive, adding even more stress.
If you need help navigating this process, don’t hesitate to get in touch and we will take the weight off your shoulders!
