Divorce & Separation Agreements
Experienced Toronto Divorce Counsel
Do I Need a Separation Agreement?
The process of divorce and separation can be a very stressful ordeal and understanding how the
process works is easier with help from a divorce lawyer. Divorce is only granted for a few
circumstances in Ontario.
Valid grounds for divorce include:
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Living Apart and Separate for One Year
Physical or Mental Cruelty
Adultery
Divorce only dissolves the marriage, but does not address other important collateral issues
including:
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Division of Property
Spousal Support
Child Support
Child Access and Visitation
Child Custody
In order to resolve these important issues, the couple either needs a court order or a separation
agreement. The couple does not have to wait one-year before completing this agreement. The
separation agreement can be created upon separation and can be filed with the court once
completed.
What Is Included in a Separation Agreement?
The separation agreement should include details regarding:
Child Custody
Child Support
Child Access and Visitation
Spousal Support
Division of Property
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The date the couple separated will normally include the actual separation date. In addition, the
agreement should provide details about which parents will make important decisions for minor
children and who will remain in the marital home with the children.
Drafting and creating this document should be done by an experienced divorce/separation lawyer
in Toronto (or as the case may be). Your lawyer can advise you on what you need to include to
protect your interests and your family.
What Is the Benefit of Having a Separation Agreement?
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A separation agreement can actually help expedite your divorce, once you meet the mandatory
one-year waiting period. If you and your spouse have decided ahead of time how to resolve
collateral issues, then the courts do not have to get involved, nor will you have to go to trial.
Your separation agreement will eliminate any uncertainty and confusion about their respective
responsibilities, property entitlements, and care and support of minor children. The Law Office
of Dumo Siziba, located in Toronto, can assist you in creating a detailed separation agreement
and the benefits it can provide.
Why Do I Need a Separation Agreement Lawyer?
The process of creating a legally binding and mutually beneficial separation agreement can be
confusing and add further stress to an already stressful period in your life. Using a lawyer to draft
the separation agreement has several advantages:
1. If you and your spouse are not amicable towards each other, you can still negotiate a
settlement agreement through your respective lawyers.
2. The agreement will give you peace of mind as you will what property you will receive,
who will have custody of the children, and so on.
3. The agreement ensures your divorce will proceed without any complications or become
contentious (contested).
In addition, there can be legal implications regarding certain issues. As a divorce lawyer, I know
what questions to ask to ensure all details about your divorce, related to the separation agreement
are included.
If you want the security of knowing what to expect and avoid complications later on, you need a
separation agreement. Contact my office now to schedule a consultation appointment to begin
drafting a separation agreement.
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*The information on these pages do not constitute legal advise. Please contact me directly to receive legal advise regarding your specific issue. Thank You