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dimanche 31 mars 2019

A Guide To Drafting Separation Agreement Ontario

By Deborah Martin


Separation is sometimes inevitable in life despite people living together for long. However, it is made complex by the presence of children, properties and other issues in between. To avoid future conflicts, it is advisable that you develop a binding separation agreement Ontario to help you deal with contact, responsibilities and obligations afterwards. It will help you avoid court battles and conflicts in future.

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?

Be thorough in your drafting. Capture all the details about areas in your lives that involved both parties. There are loopholes that cannot withstand the passage of time like the value of properties and changes that happen after you have separated. Contemplate tangible implications that affect both parties.

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.

Be factual when entering information or details in the agreement. It is these details that will be used to make determination in case a conflict arises. For instance, confirms the names and ownership status of the apartment. Indicate the right vehicle model. Enter the correct bank account details and liabilities, among others. The entire deal is invalidated by the presence of erroneous details.

The deal you agree on must be personalized. You cannot pick what your friends or relatives used and assume that it will work for your situation. It never works because circumstances are always different. There is no One-Size-Fit-All scenario when dealing with a separation. It will only result in conflict or a situation where one feels that it is unfair.

Predict the future and make provision for it. The tension associated with separation scenarios makes it difficult for parties to be open minded. However, the circumstances are bound to change over time. Anticipate, for instance, a scenario where children will demand more time with their other parent. Though the agreement does not provide for that, you cannot deny them.

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.

Work with a professional to review issues agreed before you can file it in court. A lawyer will help you tie the loose ends even though he might not participate in actual drafting. Protect your interests as much as possible but also be realistic.




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