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 agreement must not be seen as an avenue to keep one person away from the other. Rather, it is an opportunity to define the path and manner of interaction after separating. It also helps to maintain sanity as well as ensure that no party is treated unfairly in the process. What should you consider to make the deal valid in law?

Ensure that all elements involving the parties and related properties or children are covered. You must scrutinize all areas in your life and ensure that there are no loopholes. Thorough coverage should address issues that do not change over time. However, make mention and provision of issues that could change.

Be precise as you make the deal. Mention names of places and people, their quantities and distinguishing elements to make clear what you are referring to. For instance, if there is a vehicle involved, its model should be mentioned. This ensures that nothing is left to chance or subject to multiple interpretations.

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.

Prepare a deal that is personalized to address your unique situation. Do not copy what your relatives, friends or associates have agreed upon. The circumstances you are facing are different from what your friends are facing. Picking a One-Size-Fit-All package will prove a huge problem. You end up getting the shorter end of the deal or causing conflicts in future.

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.

A realistic approach to negotiations will save you a lot of stress in future. The reality is that it is, for example, impossible to control what happens in the life of your spouse. You might bump on to him when taking a walk or be brought together by school activities. This means that being strict and demanding to follow the dictates of the deal will be unrealistic. However, do not leave too much loophole. Otherwise, it will nullify everything you have agreed.

Engage a professional and reveal all the details that will be useful in decision making. A lawyer will make the agreement easier and favorable by protecting your interests. Through you should protect your interests, you must be realistic to avoid conflicts. Remember that this is a give and take situation.




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