Separation Agreement Ontario Cost

Separation Agreement Ontario Cost

We have a Transparent Legal Fees structure,  our Separation Agreement Lawyer Charges Flat Legal Fees and provides Free Consultation.

Simple Separation Agreement

$499.00

Flat Legal Fees

All Legal Fees are subject to Taxes

 Separation Consultation INCLUDED
Drafting all Separation Paperwork INCLUDED
Division of Property INCLUDED
Independent Legal Advice Certificate INCLUDED
Child Support  NOT INCLUDED
Child Custody NOT INCLUDED
Spousal Support NOT INCLUDED
Negotiation of Terms of Separation NOT INCLUDED

Complete Package

$999.00

Flat Legal Fees

All Legal Fees are subject to Taxes

 Separation Consultation INCLUDED
Drafting all Separation Paperwork INCLUDED
Division of Property INCLUDED
Independent Legal Advice Certificate INCLUDED
Child Support  INCLUDED
Child Custody  INCLUDED
Spousal Support INCLUDED
Negotiation of Separation Terms NOT INCLUDED

Complex Agreement

$2,000.00

Flat Legal Fees

All Legal Fees are subject to Taxes and are based on a minimum of 10 hours of work at an hourly rate.

 Separation Consultation INCLUDED
Drafting all Separation Paperwork INCLUDED
Division of Property INCLUDED
Independent Legal Advice Certificate INCLUDED
Child Support  INCLUDED
Child Custody  INCLUDED
Spousal Support INCLUDED
Negotiation of Separation Terms 10 hours of Lawyers Fees  INCLUDED
A Separation Agreement without a Lawyer

How Much Does it Cost for a Separation Agreement in Ontario?

The cost of Separation Agreement in Ontario varies depending on whether you are using a Lawyer or you are working based on a Separation Agreement Template Online. Sometimes Separation Agreement Templates are Free Online but a basic Separation Agreement Template online would cost between $30 to $50 whereas a Lawyer Legal Fees for a Separation Agreement would be $499.00 to $2,000.00 + Taxes depending on the complexities of the Agreement.

It is important to note that you get what you pay for in terms of quality and legal enforceability. Parties should remember that it is one of the most important documents of their life and they should make sure that a Separation Agreement is Legally Binding in the eyes of law. A Template Separation Agreements would not stand in court and could easily be set aside as being an invalid document.

An Experienced Separation Agreement Lawyer would ensure that the documents is drafted in accordance with the Family Laws Act and Rules in Ontario. Second most common problem parties face is when they have entered into a Separation Agreement based on a Template a Good Lawyer will not issue a Certificate of Independent Legal Advise because a  Separation Agreement Template would not stand in court. If you have entered into a Separation Agreement based on a Template, then you run a huge risk to legal validity.

Do I need a Separation Agreement in Ontario?

There is no legislation in Canada compelling couples to enter into a separation agreement. However, it is strongly recommended to have a written separation agreement in Ontario to set out the property issues as well as child custody, access, and support. Many couples who do not have any property, children or support claims may still want to enter into a simple Separation Agreement in Ontario for Immigrations purposes, Tax purposes, Banking, the release of any future claim or liability and to govern their affairs as separate individuals. 

One must note that couples living separately may not have to do anything to make their separation legal. The fact couples have been living separately is more than sufficient to establish Separation. However, the terms of separation such as division of property, child custody, and support would remain unclear and undecided unless they decide to enter into a Separation Agreement and ensure that the legal and formal requirements under Section 55 of the Family Law Act, R.S.O. 1990, c. F.3 are satisfied. 

If they do not have a written separation agreement drafted as per Section 55 of the Family Law Act, R.S.O. 1990, c. F.3 they may find that they are still financially liable for other or with respect to the custody of a child a non-custodian parent may come back, pick up the child and walk away or not pay child support as per the law without any repercussions.

 How to write a Separation Agreement ? or What terms should a Separation Agreement contain?

If you want to write a Separation Agreements yourself or you want to negotiate the terms of the Separation Agreement with your spouse or partner before you contact a lawyer, you should consider the following key topic to cover in a Separation Agreement. A Separation Agreement key terms and conditions should contain the following items

  1. Custody
  2. Access (Visits Arrangements)
  3. Child Support
  4. Spousal Support
  5. Family Home
  6. Division of Property all other property (Assets and Liabilities) and
  7. Pension Plans

Just like another agreement you want to make sure that it has the basic information such as date of the Agreement, Dates for start of the Relationship and Date for the end of the Relationship, the parties general information such as currently employed or not plans to file a joint divorce or either party will file for a divorce. Parties Signature Section as well as a Witness section.

Role of A Separation Agreement Lawyer

What a Separation Agreement Lawyer would do?

Shaikh Law Firm has offices in Downtown Toronto, Mississauga, Brampton, Oakville, and Hamilton. We also provide Separation Agreement services across GTA, please contact our 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

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What is a Separation Agreement and What a Separation Agreement Contains

Can a Separation Agreement be challenged in Court?

Yes, A separation agreement can be challenged in court and it can be set-aside by the court or varied or changed by the court. The court will review the separation agreement to ensure that both parties have had legal advice and received full and accurate financial information from each side as well as the legal requirements of contract law are satisfied. In other words, the Separation agreement is also subject to the principles of contract law and therefore if one of the following elements were present then the Separation agreement will be set- aside or varied by the court.

      • Duress: Where one spouse pressures the other to sign the contract.
      • Misrepresentation: Where one spouse does not provide full or accurate information such as financial information.
      • Unconscionability: Where the terms of the agreement are unjust and unfair in the eyes of the court.
      • Undue influence: Where one of the spouses influenced the other spouse to sign the agreement on account of their better position such as an offer to sign for sole custody in exchange for deleting all arrears of child support or transfer of property.

The courts will also be willing to vary the agreement if in the event the courts find that it is in the best interest of the child to have the terms of the agreement varied. Please consult your lawyer for more detail information to vary a separation agreement or a child custody order on the grounds of the best interest of a child.

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A SEPARATION AGREEMENT ONTARIO TEMPLATE

Separation Agreement Template

THIS AGREEMENT made the                                            day of                                                               , 20               

BETWEEN:

                                                                                                   ,

of the City of                                                            , in the

Province/Territory of                                                        

(referred to in this Agreement as “the WIFE”)

AND:

                                                                                                   ,

of the City of                                                            , in the

Province/Territory of                                                        

(referred to in this Agreement as “the HUSBAND”)

BACKGROUND:

  1. The parties were married to each other on the                                          day of    ,              .

at        ,

  1. The parties have the following children as follows:

Name of Child                                 Age                     Date of Birth

                                                                                                                 

  1. The parties agree to live separate and apart from each other and wish to be bound by the following terms of Separation. Or

The Parties have been Living Separate and apart from each other since _______________ and nowwish to be bound by the following terms of Separation.

  1. Both Parties have exchanged Financial Disclosure which includes the assets and liabilities of the Husband and the Wife.

For further details please contact our office

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Toronto Bay Street, Brookfield Place, 161 Bay Street 27th floor, , Toronto M5J 2T2 - Phone: 647 361 5229

Etobicoke

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Mississauga Square One

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Brampton

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Hamilton, Ontario

21 King Street West
5th Floor,
Hamilton L8P 4W7
Phone: 855 453 4440

Mississauga Streetsville

Mississauga Streetsville, 2233 Argentia Road, Suites 302, 3rd Floor, , Mississauga L5N 6A6 - Phone: (289) 813-7729

Oakville

Oakville, Halton Region, 2010 Winston Park Drive, Suite 200, 2nd Floor, , Oakville L6H 6P5 - Phone: 289 813 7728

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Yes, A Separation Agreement is Legally Binding.

A Separation Agreement is legally Binding in Ontario. In fact Judges as well as the Legislature encourages parties to settle their disputes by way of a Separation Agreement. Since it gives the parties sufficient opportunity properly negotiate the terms of the agreement.  The Family Law Act, R.S.O. 1990 specifically states that a separation agreement would prevail over the provision so the Law passed by the Parliament.  It is stated under 2(10)of the Family Law Act, R.S.O. 1990 “A domestic contract dealing with a matter that is also dealt with in this Act prevails unless this Act provides otherwise.  R.S.O. 1990”.

In a number of court decisions, Judges have shown their inclination to upload the terms of the Separation Agreement. It would be safe to say that as a General Rule a Separation Agreement is Legally binding in Ontario. In some situations, a Judge can set aside terms of a Legally Bind Separation Agreement if the Judge is satisfied that either;

  1. The Parties to the Separation Agreement did not make a full and frank financial disclosure. One of the parties did not provide ca complete list and value of all asset and liabilities, including complete details of the expenses and support received from the Government, Or
  2. The terms of the Agreement is not in the best interest of the Child, Or;
  3. The terms of the Agreement is plainly unfair in the eyes of Law, such as a situation where one spouses gives up on her lawful right for spousal support without any compensation whatsoever causing her to face hardship.

Separation Agreement List of Cases

This follow list of cases Dealing with Separation Agreement are frequently relied upon in Ontario and this is list of  cases are supplied to judges hearing family law cases in the Superior Court of Justice.

  1. Rick v. Brandsema2009 SCC 10
  2. Marinangeli v. Marinangeli (2003), 66 O.R. (3d) 40 (C.A.)
  3. Virc v. Blair, 2017 ONCA 394(inherent in the duty to disclose is duty to fairly value the asset)
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