Vaughan Separation Lawyers
An Alternative Solution to Divorce
If you and your spouse cannot reconcile your differences, but do not wish to get divorced, there is another option: a legal separation. To obtain this you will need a separation agreement, which is a legally binding contract between you and your spouse at the time of your separation. This contract will include information pertaining to each spouse’s rights regarding child custody, access, child support, spousal support, and asset and property division.
Separation agreements do not necessarily need to be drafted by a separation lawyer in Vaughan; however, it is helpful to consult with one as you may not have the best understanding of the law and what is and is not enforceable in court.
The Difference Between Separation and Divorce
A separation is when two people are married and decide to separate by no longer living together or being together as a couple. Separation does not end a marriage.
To be divorced, the court must officially end your marriage.
What Is Required in a Separation Agreement?
The following information is required when drafting a separation agreement:
- The legal name of each spouse.
- The date of separation.
- Which parent the child(ren) will live with.
- Who will have custody of the child(ren).
- Who will have access to the child(ren).
- What the parenting schedule will look like.
- How much child support is necessary and when payments will end.
- If spousal support is necessary and how long it will continue.
- What will happen to the marital home.
- How additional property will be divided.
- Who is responsible for debt.
- How you will split your pensions and/or retirement accounts.
The decisions you make when creating this agreement will impact you and your family’s lives. As this contract is binding, it would be beneficial to speak with an experienced separation lawyer in Vaughan to ensure your interests are considered and included when drafting the document.
You will not need to seek a divorce until one spouse wishes to remarry. For couples who did not enter into a valid marriage, no legal steps are needed to terminate the relationship. If you have assets and property together, you may want to seek the support of a lawyer, mediator, or arbitrator, to assist you with a separation agreement to determine how these will be distributed.
When Will a Court Refuse to Recognize a Separation Agreement?
Courts may refuse your separation agreement if:
- The agreement’s terms are not in the best interest of your child(ren).
- One spouse did not accurately disclose information relating to assets, property, and/or debts.
- The agreement is one-sided and unfair.
Take the First Step and Call Today!
If you are considering a separation agreement and would like to discuss your options with an experienced Vaughan separation lawyer, contact our office today. We offer a free consultation for your convenience. With over 25 years of legal experience, we have the skills and knowledge you would expect from your family law firm of choice.