LEGAL SEPARATION ONLINE
FAQ:
What is a
Separation Agreement?
It is a legal and binding domestic
contract which sets out the terms of your separation
pursuant to the Divorce Act (Canada) and the Statutes of
the Province or Territory in which you reside: Who gets
what, who owes who, etc.
Why do I need to have a
Separation Agreement?
There is no legal requirement for you to
obtain a Separation Agreement, however it is in your best
interests to do so. Without an Agreement, each of the
spouses is at risk of being sued by the other at some
future time.
Can a Separation Agreement be
enforced by the Court?
Yes, provided that the Separation
Agreement has been properly drafted and executed.
What are the advantages of
negotiating a Separation Agreement?
The cost of settling the issues through
negotiation are negligible compared to the cost of having
the court decide.
Both parents can customize the terms of their separation
to suit the best interests of their children and
themselves, instead of having a court impose a
resolution.
Negotiation is much less stressful than litigation
through the court.
What if my spouse and I cannot
agree upon the terms of our separation?
A professional mediator should be able to
help you negotiate a resolution. You may also wish to
consider binding Arbitration. As a last resort you can
spend thousands of dollars and several months or years,
fighting it out in court.
