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

WHAT IS A SEPARATION AGREEMENT

Separation Agreement 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. In this Article, we will discuss various aspects of how to write a separation agreement in Ontario as well as provide links to further important information about Separation Agreement in Ontario.

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.

Separation Agreement

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.

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WHAT IS A SEPARATION AGREEMENT?

A separation agreement is a contract dealing with legal rights of separating spouses or common-law partners covering issues such as division of property & debts, liabilities RRSPs, RESPs, custody & support for children, including visitation rights and schedules as well as support spouses. A Separation Agreement is defined under section 54 of the Family Law Act, R.S.O. 1990,

“Separation agreements

54 Two persons who cohabited and are living separate and apart may enter into an agreement in which they agree on their respective rights and obligations, including,

(a) ownership in or division of property;

(b) support obligations;(c) the right to direct the education and moral training of their children;

(d) the right to custody of and access to their children; and

(e) any other matter in the settlement of their affairs.  R.S.O. 1990, c. F.3, s. 54; 1999, c. 6, s. 25 (24); 2005, c. 5, s. 27 (27).”

Therefore this section also allows not only spouses but also common-law partners who were co-habiting to enter into a separation agreement for the purposes of settlement of their disputes pertaining to Property, Child Support, Spousal Support and Custody Matters. A Separation Agreement is termed as a domestic Contract under section 51 of the Family Law Act, R.S.O. 1990.  It was recently held in the case of Wodzynski v. Wodzynski, 2012 ONCA 272 that an agreement entered prior to separation was not a separation agreement under section 54 but was a domestic contract under section 51 and it can still enforceable as a domestic contract. In this case, the parties had not complied with the conditions of the agreement.

Domestic Contracts are defined under section 51 of the Family Law Act, R.S.O. 1990, and it is reproduced hereunder for convenience:

DOMESTIC CONTRACTS

“cohabitation agreement” means an agreement entered into under section 53; (“accord de cohabitation”)

“domestic contract” means a marriage contract, separation agreement, cohabitation agreement, paternity agreement or family arbitration agreement; (“contrat familial”)

“family arbitration” means an arbitration that,

(a) deals with matters that could be dealt with in a marriage contract, separation agreement, cohabitation agreement or paternity agreement under this Part, and

(b) is conducted exclusively in accordance with the law of Ontario or of another Canadian jurisdiction; (“arbitrage familial”)

“family arbitration agreement” and “family arbitration award” have meanings that correspond to the meaning of “family arbitration”; (“convention d’arbitrage familial”, “sentence d’arbitrage familial”)

“marriage contract” means an agreement entered into under section 52; (“contrat de mariage”)

“paternity agreement” means an agreement entered into under section 59; (“accord de paternité”)

“separation agreement” means an agreement entered into under section 54. (“accord de séparation”)  R.S.O. 1990, c. F.3, s. 51; 2006, c. 1, s. 5 (6, 7).

Therefore Domestic Contract would cover, marriage contract, separation agreements, prenuptial agreements, and cohabitation agreements.

Do I need Independent Legal Advice for a Separation Agreement?

Recent case law suggests that it is always a good idea to have an Independent Legal Advice. In some cases, the Separation Agreement has been held to be not legally enforceable due to it being unfair and unreasonable including a ground taken by the parties that they did not understand the terms of the agreement. Therefore to protect both parties interest it is strongly recommended to obtain Independent Legal Advice. The Cost of Independent Legal Advice would range from $250 to $900 depending on the complexity of the document and time spent by the Lawyer explaining and discussing the Separation Agreement with you. At Shaikh Law, we charge $450 for an Independent Legal Advice Certificate.

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Separation Agreement Ontario Lawyer

How much a Separation Agreement Costs?

A simple Separation Agreement may cost as low as $499 + Tax. A simple Separation Agreement would include a simple equal division of property does with Financial Disclosure. No negotiation for equalization of property or custody or support matters would be covered.

A comprehensive Separation Agreement in Ontario Legal Cost would $999 + Tax to cover issues of equalization of property, child custody, child Support, child access & visitation, spousal support & Division of debts are considered. No negotiations of terms and conditions is covered. Any negotiation if so required would be charged as an additional fee.

Role of A Separation Agreement Lawyer

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.

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

Separation Agreement for Common Law Couple?

A Separation Agreement is simply a binding contract between parties. Under Canadian Law, a Separation Agreement can be executed between common law couples as well as spouses. It is an agreement family can make to set terms and conditions with respect to Custody, Access, child support and spousal support as well as the division of property on an equal or unequal basis.

The key difference between a separation agreement for common law and separation agreement for spouses would be that common law couple would not need to apply for a Divorce Certificate from Courts of Law, their Separation Agreement for Common Law would be a final document.   It is important to have a Separation Agreement because it protects both parties interest in the property, rights pertaining to child custody and access as well as support and clearly a confusion as to the obligations of the parties. A Separation Agreement Lawyer will draft the agreement to protect the parties and will ensure that families are fully informed as to any potential legal risks.

What to do Before Separation?

Excellent article by our Separation Agreement Lawyers to help parties get 9 Tips on what to do a Separationration Agreement.

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

A SEPARATION AGREEMENT WITHOUT A LAWYER

A Separation Agreement without a Lawyer

Yes, you can prepare a Separation Agreement without a Lawyer but one must remember that do it yourself Separation Agreement is a cheap fix to an expensive consequence & Loss. Do you really want to risk and take chances with your Life,Child & Property Again?

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