Separation Lawyer near you
It is not required to apply for a divorce if you want to end your relationship with your spouse. You can always choose to simply separate. At Sutton Law, we understand that separation is just as difficult as a divorce. It is important to keep a level head and understand every aspect. Our separation lawyers always make sure that you understand all the terms and conditions of the agreements drafted, so you don't feel like you got cheated out.
Looking for Guidance?
At Sutton Law, separation lawyers can give you tailored and accurate legal advice pertaining to your specific case.
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Separation Agreement in Ontario
All separation means is that you decide to end the relationship without involving the court or divorce lawyers. You can choose to divide your property, and taxes and discuss spousal support and child custody in an oral agreement. You can seek out the services of a divorce lawyer if you so wish, who will help you draft out a document stating the condition of properties and other assets.
A Separation Agreement is a contract between spouses who decided to live separately and apart that governs how they will continue to live after the end of their spousal relationship. It is highly advisable that you discuss and settle with your ex all aspects of your life and have a clear understanding of who will do what.
You can set on your own what would you do with your matrimonial home, personal property, childcare obligations, parenting time and support payments. When dealing with such complex agreements proper legal advice is necessary, as many aspects might go out of control, and you will not be satisfied with what you have bargained for. Numerous restrictions might disable you to bargain child support for other benefits you might want. The exchange of child support payments for full custody of children is one of the most often mistakes people do and they struggle when the Courts decline to enforce this clause.
Parenting time, formerly known as child custody and access, is also an important part of the Separation Agreement. A proper separation agreement will not only set who is responsible for the kids in general but should also provide for weekends and holidays arrangement, as well as have some backup plan in case one parent is not able to fulfill its contractual obligations. Whether a parent will have limited access to the child and what those limits can look like is a complicated matter and professional assistance is required.
There are many misconceptions as to the child support payments that exist. Such mistakes might be costly and especially sad when discovered after giving up some entitlements. The Child Support Guidelines are strict and provide limited opportunities to be modified, even if both spouses agree. Although not seen at the outset, tax consequences might be harsh.
Our lawyers will help you to determine the proper wording sand structure for your separation agreement, as well as discuss any other subjects that are necessary to have a conflict-less separation.
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Free Separation Agreement Form
There are many resources online that offer a free separation agreement form. Each one says theirs suits you better. However, that is not the case.
A separation agreement should always suit your needs. Each separation is different and each couple agrees and disagrees with different things. Because of that, many of the forms that you see online regarding separation agreements that say " Download for free" more often than not are not exactly what you would be looking for.
When people download the draft of a separation agreement online, especially if it is a free pdf you may have found somewhere, odds are it is extremely vague and will not help you should things ever go wrong. It also may not necessarily suit you and your spouse's needs in terms of the separation agreement.
This is precisely why it is strongly recommended that you see a separation lawyer to help you draft a separation agreement. A separation lawyer makes an agreement that is unique to you and your spouse discusses everything in detail and gets it in writing.
It is important to get a separate agreement tailored to you and your spouse specifically, as every couple agrees and disagrees on different subjects. It is crucial that you discuss child custody, taxes, child and spousal support as well as child access with your spouse, and get everything in writing with a good separation lawyer. Even if you agree on the terms of those subjects right now, a separation agreement will keep you and your spouse safe should one of you ever change their mind.
In short, a separation agreement that you found online and downloaded as a free pdf or something else is not necessarily the best way to get a separation agreement with your spouse. Make sure you seek legal separation counsel before filling out forms like these.
