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dimanche 31 mars 2019

A Simplified Guide When Signing Separation Agreement Ontario

By Deborah Martin


Separation is sometimes inevitable in life despite people living together for long. However, it is made complex by the presence of children, properties and other issues in between. To avoid future conflicts, it is advisable that you develop a binding separation agreement Ontario to help you deal with contact, responsibilities and obligations afterwards. It will help you avoid court battles and conflicts in future.

The contract stipulates your rights and responsibilities regarding properties and engagements into the future. Surprisingly, you do not require a lawyer for the deal to be acceptable in law. However, it must meet particular conditions to be safe and useful to both parties.

Cover all aspects of life involving the two parties. By being thorough, the interest of both parties and their children will be catered for. Do not leave out property, children or responsibilities. Once they are left out, it will be difficult to refer to them again in future. Note that some issues are subject to change in future.

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.

Predict the future and make provision for it. The tension associated with separation scenarios makes it difficult for parties to be open minded. However, the circumstances are bound to change over time. Anticipate, for instance, a scenario where children will demand more time with their other parent. Though the agreement does not provide for that, you cannot deny them.

Be realistic in your approach to issues agreed. For instance, you cannot govern every aspect of the life of your spouse. Though you might agree that he or she never comes near children, instances of sickness, school activities and unexpected meeting might bring them together. If the terms are too tight and unrealistic, you are likely to find yourselves in too many conflicts.

A professional should guide you during drafting. It helps you find a balance and avoid getting a raw deal. Protect your interests but do not be too rigid that the deal fails to favor you. A give and take approach makes negotiations easier to conclude.




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