A legal separation agreement protects your rights if you divorce and tells the court you plan to split and probably not get back together again. Axess Law family lawyers review domestic contracts and inform you of legal rights and obligations during marriage breakup or separation, including who gets the ring.
Separation agreements in Ontario are legally binding, enforceable contracts to do specific things you both agree on. They resolve family law matters without legally ending a marriage, giving you time to rethink your decision before your divorce or split up, without the formalities of divorcing. An Ontario divorce order from a family court judge is the final step in ending your marriage.
Separation agreements are valid legal agreements, therefore, family courts have pre-existing rules over how they are made. You or your spouse (or partner) can be ordered to comply with an agreement or go to mediation or arbitration to settle differences. If you get along well, you can keep the arrangements informal and not divorce. You can even have a trial separation and get back together (within 90 days) without affecting your divorce rights.
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Axess Law gives you legal advice as your case requires. Family lawyers can meet you in person or online, at your convenience.
Our family lawyers file legal documents or answer court questions. We help you navigate through your domestic legal issue with ease.
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You can determine custody and access, now called decision-making responsibility and parenting times under changes to Canada’s Divorce Act, in advance of moving out or after you separate. Your choices can be confirmed in a consent order from an Ontario family court. Family court judges consider how well you get along with your children, your parenting abilities, well-being, the time you can devote to caregiving, and the support you have from others, such as grandparents or relatives.
The Office of the Children’s Lawyer may be appointed to find out what your children’s wishes are if they are 12 or over. Courts tend to keep siblings together but may respect a child’s desire to live with a specific parent.
Your post-separation relationship with your children will be decided by a family court judge. You can request:
Joint Legal Custody
Family courts prefer parents use mediation or parenting coordinators to solve disputes. When you can get along well enough to share decision making and parenting time, request joint legal custody.
Shared or Joint Physical Custody
If your children would prefer to spend at least 40% of their time with each of you, ask for shared or joint physical custody.
Split Custody
Family court judges may agree to split custody if some children want to live with you and others with your spouse.
Sole or Full Custody
Sole or full custody can be appropriate if you or your spouse are less involved in parenting. Custodial parents are obligated to tell spouses about important decisions, like medical care or educational choices, but have full decision-making responsibility for the children.
Give your proposed parenting plan careful thought. Your parenting time with your children depends on it.
Your separation can be as structured as you desire. It can be one of the following 5 types:
Informal, verbal, or in writing
A written signed and witnessed document
Arranged through an Ontario family lawyer, mediator, or arbitrator
Made with help from a collaborative law lawyer
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Common law couples have different rights than legally married spouses, but can still make separation agreements. Common law spouses leave relationships with what they brought to it, such as a home you own or investments. You can divide property acquired together any way you choose. For example, you can agree to make joint investments in exchange for giving up a shared vehicle you bought together. You may be entitled to a child or spousal support and a share of your partner’s work or government pensions or survivor benefits. As long as your separation agreement is fair, a court will typically consent to it.
