separation agreement checklist Ontario

Separation Agreement Checklist Ontario

Child Custody

  • Who will have primary Care & Residence
  • Who will have access & Visitation
  • Special Holiday
  • Birthdays
  • Supervision (if required, how and through whom?)
  • Travel out of Jurisdiction
  • Passports

Child Support

  • Income of the Paying Parent
  • Child Support Amount as per the table amount of Paying Parent (Click Here to Calculate Child Support)
  • Financial Disclosure of Paying Parent. Example: Notice of Assessment
  • Enforcement Clause (FRO)
  • Special & Extra-ordinary Expenses
  • University and Higher Education Expenses

Spousal Support

  • Waiver Clause (if applicable)
  • Amount
  • Length of time or Lump Sum
  • Financial Disclosure
  • Income of both parties
  • Enforcement Clause (FRO)

Division of Property

  • List of All Assets acquired during the relationship
  • List of All debit incurred during the relationship
  • Financial Disclosure
  • Equal Split or not
  • Matrimonial Home Sale or transfer
  • Equalization Payment Method

What is Separation?

When married or common law couples decided to end their relationship and begin living apart from each other, they are considered as separated in the eyes of Law.

What is Separation Under the Same Roof?

Separation is defined as the intention of a spouse or Common Law Partner to live apart and separate from the other one. This does not actually necessitate one spouse moving out and living in a different property it is possible to live “separate and apart” whilst remaining under the same roof.

In order to identify whether spouses are living “separate and apart” a court will consider the following factors:

  • Do they share a bedroom?
  • Do they have sexual relations?
  • Do they prepare and eat meals together?
  • Do they attend social events as a couple?
  • Do they share chores?
  • Do they continue to talk to each other about and fit in around one another’s schedules?

Therefore, separation in Ontario means when couples end their relationship and being to live separate and apart, albeit under one roof.

On the other hand Divorce in Ontario means to end a marriage by way of a Court Order only after one year of Separation. You can commence Divorce proceedings before completion of one year of Separation but the Divorce Order will not be granted until one year has passed.

A Separation Agreement without a Lawyer
Role of A Separation Agreement Lawyer

What a Separation Agreement Lawyer would do?

Shaikh Law Firm serves clients across Greater Toronto Area. We have multiple meeting locations across GTA such as Downtown Toronto, Etobicoke, Mississauga, Brampton, Oakville, and Hamilton. Our Head Office is located in Mississauga, Ontario at 218 Export Blvd, Unit 105, please contact our Head Office for further details and request a free consultation.  A Separation Agreement Lawyer would do the following tasks.

  1. Review the Terms and Conditions of the Separation Agreement to ensure it is legally binding in Ontario.
  2. Obtain and review Financial Disclosure as well as prepare a sworn Financial Statement for his/her client.
  3. Negotiate the terms and Conditions of the Separation Agreement.
  4. Formalize the Separation Agreement
  5. File A Separation Agreement with Court if necessary for a Divorce Order
Separation Agreement Cost

Our Family Law Services

Separation Agreement Ontario

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Uncontested Divorce

Simple Divorce or Joint Divorce, Our Family Lawyer can help. Click Here to Learn More

Foreign Divorce Opinion Letter

Planning to get Remarried in Ontario. Click here to Learn More

Independent Legal Advice (ILA)

Our Family can issue a Certificate of Independent Legal Advice. Click Here to Learn More

Contested Divorce

Our Family Lawyer can help clients with their Contested matters filed in Court.

Prenuptial Agreement

Prenuptial Agreement or Marriage Contract or Cohabitation Agreement. We can Help. Click Here

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