Thursday 4 April 2019

A Pro Guide To Drafting A Tight Separation Agreement Ontario

By Deborah Martin


At a point in life, it is inevitable for partners to part ways. The presence of children and properties, among other issues, demands that you sign a separation agreement Ontario. This is a document that will define responsibilities of each party and restrictions that he or she must live within. When it is drafted well, it will save you from a lot of conflicts and protracted court battles.

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.

Be thorough in your drafting. Capture all the details about areas in your lives that involved both parties. There are loopholes that cannot withstand the passage of time like the value of properties and changes that happen after you have separated. Contemplate tangible implications that affect both parties.

Agree on precise details in your deal. This helps to eliminate ambiguity during interpretation of the deal. For instance, name the vehicle you wish to take including its model. In case there are two vehicles, you must indicate the exact one you should get. If a dispute arises, it will be easier to refer to what you had agreed. No one can dispute information that is precise.

The agreement must be based on factual information. If you indicate that your partner owns an apartment, it must be his and not one belonging to his family, for instance. The names used on the paper must be the exact ones used on official documents. The dates and their ranges must also be accurate. Bank account numbers, addresses and such markers must be captured with accuracy. Any inaccurate information could cause the entire deal to be nullified.

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.

Mind the future by predicting it. There is a lot of tension as people separate such that most will not want to meet again or will desire the least possible contact. However, it is always prudent to anticipate that children may desire to be with their other parent or may be brought together by circumstances. Make provision for changes that are beyond your control in future.

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.

Work with a professional to review issues agreed before you can file it in court. A lawyer will help you tie the loose ends even though he might not participate in actual drafting. Protect your interests as much as possible but also be realistic.




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