The Difference Of Separation Agreement From Divorce

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Not all marriage lasts. As hard as it might be to admit, some couples are just not meant to be with each other. When you find yourself constantly fighting with your partner over small things and you no longer are in sync, then maybe it is time to go on your separate ways. If the both of you have decided to separate and you would not want to get a divorce, separation agreement in Ontario is your option.

A separation agreement is an agreement that is written in paper. It contains the both of your signatures, agreeing to be separated from each other without the involvement of court. This allows the two of you to be separated from each other for a certain time and still be able to fix your failing marriage.

This provides you an opportunity to work your problems out in your own pace, without any pressure of divorce. However, when a divorce action is push through, you two must attend the court conferences, as well as meet the deadlines. This pressure can be avoided by signing such agreement.

A part of this is deciding on many important issues like spousal and child support. Just like any marital agreements, this written agreement would clearly set both you and your partners obligations and rights throughout this ordeal. If one fails his or her obligations, then the other one can enforce this in court.

When there are children involved, this allows you to work out the details about the custody and the visitation in advance. This also lets you prepare for child support. When you were able to establish living separately under this and have abided the provisions under it for a year or more, then you could obtain a divorce judgment using that basis.

You may also submit this as a divorce decree, when one of you decides to get a no fault ground divorce, instead of waiting for the required year before you can seek divorce that is based on living separately under your terms and agreements. This includes not limiting and avoiding the obligations when it comes to supporting the children.

Even when this is valid, there are still certain reasons that challenges this. Separate attorneys is one of them. Meaning, you each must have an attorney when you enter this because if you do not, the court would just look at this as an unfairness, which can lead to them not enforcing such agreement.

Fraud and coercion or duress is another. When one of you uses pressure in order to have this signed or will not provide enough time to consider this, then expect this to not get enforced. The same goes when the written document  created favors the other person unfairly, and not leaving anything to the other one.

When you are under this, and is not living together, then you have the option to get back with your partner any time. This becomes void and invalid once you start living again together, with the intention to reconcile. Make sure you and your spouse has the best attorney that will guide you for a successful outcome.

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