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Separation Agreements

Separation Agreements

Separation Agreements

North York Separation Agreement Lawyers

As defined under the Family Law Act, a separation agreement is a domestic contract which separating spouses can enter into to document their issues of agreement commencing at the point of separation. Parenting time, decision – making authority, child and spousal support, and division and equalization of property are issues usually addressed in the agreement.

The ideal circumstance to agree to the terms of an agreement usually occur through negotiation, mediation, or the Collaborative Family Law Process.

If complete agreement is not possible, either spouse can bring an application to ask the court to rule on the issues remaining in dispute. You should be mindful of the fact that there is less control of the process once in the hands of a judge. The judge’s makes a binding decision on all unresolved issues that will impact each member of your family. If privacy is a concern, a private dispute resolution process may be preferred.

Prerequisites of a Valid Separation Agreement

A separation agreement must be legally binding and enforceable in order to be effective. It must withstand judicial scrutiny should you need to enforce terms of the agreement in the near future. In order to be considered valid, the following conditions must be met at the time the agreement is drafted and/or executed.

  • Each party must obtain independent legal counsel based on financial disclosure, ensuring that each person understands the terms of the agreement and the legal consequences to them of those terms.
  • Full financial disclosure must be exchanged between the parties.

This is necessary so that the spouses can understand the family’s financial situation, including income, assets, and debts, and so that their lawyers can give them a meaningful legal opinion on what their legal options and entitlements will be

  • Compliance with the formalities of the Family Law Act for the signatures of all parties

Difference Between Memorandum of Understanding and a Separation Agreement?

A memorandum of understanding is a document setting out the terms in principle to which a separating couple have agreed. A family mediator is usually the one who prepares the agreement as part of the mediation process and is intended to be used as a basis for the separation agreement. A memorandum of understanding is not a binding agreement unless it is signed by both parties and the normal requirements for a valid separation agreement have been observed.

A separation agreement in the majority of cases is drafted by family mediator, if the they are a lawyers or by your spouse or partner. The separation agreement will contain the terms included in the memorandum of understanding, along with any required additional wording to provide clarity and give effect to the agreement and the nuances that the parties intend and agree to at the mediation. This gives the parties time to reflect on and confirm their position without feeling pressured at the end of the mediation session to finalizing a binding agreement then and there.

Contact Juzkiw Law in North York for Skilled Drafting and Review of Separation Agreements

The skilled and experience team at Juzkiw Law draft custom and comprehensive separation agreements with a view to withstand judicial scrutiny if enforcement becomes necessary or the agreement is challenged by the other party. We work with legally married and cohabitating couple to facilitate an agreement tailored to each family’s unique circumstances. Our team also regularly provides independent legal advice on separation agreements drafted by another party prior to executing. At Juzkiw Law, our team is highly skilled and experienced working with families with a spectrum of income and with varying degrees of complexity in terms of their family dynamic. Nothing surprises us and we’ll direct our skilled advocacy and experience towards creating a custom-tailored separation agreement that meets your family’s needs. To discuss your circumstances and learn about the options available to you, please reach out to us online or by phone at 416 290 5055.