What is a Separation?

A separation is said to occur when the relationship between you and your spouse (or partner) breaks down and you decide to live separate lives, apart from each other.

 

Court Approval is not Necessary to Separate
Separation does not involve the courts. You do not need court approval to separate.

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To Physically Separate or Not?
You may decide to physically separate — that is one spouse (or partner) may move out of the shared accommodation — or you and your spouse may continue to live under the same roof and still be considered 'separated' provided that:
1. You do not share a bedroom
2. You do not share meals and chores
3. You do not engage in sexual relations
4. You do not socialize as a couple.
 

Date of Separation is Very Important
The date you separate is very important, especially if you're married and plan to divorce.  So, agree on the exact date of separation with your spouse (or partner), ideally in writing, then save it and don't forget it.
 

What is a Separation Agreement?
A Separation Agreement is a formal contract between you and your spouse that:
1. Divides Joint Assets, such as bank accounts, investments, property, vehicles, etc.
2. Divides Joint Liabilities, such as Credit Card debt, mortgages, household utilities, etc.
3. Specifies Financial Support
4. If there are minor children involved, the separation agreement will specify a parenting schedule for each parent, how major decisions regarding the children will be made, and how the children will be financially supported now, and in the future.

Is a Formal Separation Agreement a Good Idea?
Sooner or later the details of a separation agreement are going to become important, and if you don’t have them written down and pre-agreed with your spouse or partner, you open the door to ongoing misunderstandings and even conflict. However, if you and your spouse or partner are able to agree on the exact terms of your separation, one of our family law lawyers can quickly prepare a formal separation agreement documenting those exact terms and ready for signature by you and your spouse or partner.
 

What do I do with a Signed Separation Agreement?

Keep it in a secure place in case you need to refer to it later.

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A Separation Agreement Can Expedite the Divorce Process
If you and your spouse ultimately decide to divorce and your divorce application includes a comprehensive separation agreement signed by both spouses it can significantly expedite the divorce process.

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Common Law Couples Can Not Divorce
Common Law Couples can not divorce.  If you are in a common law relationship and face the possibility of a separation and there are significant assets to split or children to parent, your best option is to engage one of our Law Society of Ontario Licenced Lawyers who will help you craft a Separation Agreement that is not only in your best interest, but is also acceptable to your spouse (or partner).

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What Happens if there are Issues Surrounding your Separation Agreement?

Issues surrounding separation, may be resolved:
1. By both parties negotiating, coming to an agreement and signing the separation agreement
2. By a judge making a court order
3. By way of an arbitrator or mediator making an award. to one spouse/partner or the other.

Separation Agreements, court orders, or arbitration awards describe how each issue has been resolved and lay our a foundation for the resolution of any future issues that may arise.
 

 

 

Read what our clients have to say about us*

I wanted to express my gratitude for all your dedicated efforts and unwavering support during this challenging time. Your professionalism and kindness have been greatly appreciated, and I am truly fortunate to have you as my legal representative.  T.K. (Toronto ON)
 

* Past results are not necessarily indicative of future results and may vary according to the facts in individual cases.