Separation Agreements and Divorce

Separation Agreements

A separation agreement is a binding legal document setting out your rights and responsibilities as you and your family move forward. It is the final product of any negotiation process, including mediation, and it sets out your agreements with respect to:

  • Parenting issues
  • Custody (decision-making)
  • Access (regular and holiday schedule)
  • Child support;
  • Spousal Support;
  • Division of property;
  • The family home; and
  • How you will deal with changes in the future.

A good separation agreement will be clear, comprehensive and enforceable now and in the future. Clients may choose to use mediation (internal link), a collaborative process (internal link) or a process of negotiation to reach the terms of an agreement to reach a Separation Agreement.

In the negotiation process to reach a separation agreement, Marian or Susan will work with you to exchange and analyze financial disclosure, make proposals for settlement, draft and finalize the agreement you need to resolve the issues arising from your separation.

We will assist you in obtaining a separation agreement that protects your rights and meets your needs and those of your children, no matter what your circumstances.

Uncontested divorce

Spouses who are legally married to each other can only be divorced by court order. If you have negotiated and signed your separation agreement the next step is often a divorce.

An application for an uncontested (or “simple”) divorce in Ontario involves asking for a divorce only and no other relief. Our firm will prepare and file all of the paperwork. There is no need to appear in court. The entire process takes approximately three to four months before the Divorce Order is granted. We offer this service at a fixed rate that includes HST and disbursements


Eligibility for an Uncontested Divorce in Ontario:

1. Have you and your spouse lived separate and apart for more than one year?

2. Have either you or your spouse lived in Ontario continually for at least one year prior to starting the divorce process?

3. Do you know the whereabouts of your spouse for the purpose of service of documents?

4. Have all disputes between you and your spouse been agreed upon, including issues such as child custody and access, child or spousal support and division of family property.

5. Are you certain that no other divorce proceedings have been commenced by you or your spouse in any other place in Canada?


Process:

In an uncontested divorce proceeding, the Applicant will complete and issue an Application for Divorce with the Ontario Superior Court of Justice. Once issued by the court, Application (Divorce) will be served on the Respondent (Applicant’s spouse). The Respondent then has a period of 30 days (or 60 outside of Canada or the U.S.A.) to serve and file an “Answer” if they would like to contest the divorce. Where no answer is served and filed, the court assumes that the Respondent does not wish to contest the divorce. Thereafter, the Applicant files the balance of the paperwork with the court to obtain a Divorce Order.


Contact Us

Address: 165 Cross Avenue, Suite 301 Oakville, ON, L6J 0A9

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