Separation Agreement Anxiety

Separation is the most complex aspect of getting a divorce. You may not know the difference between the two concepts but separation and divorce are two separate events with different requirements and steps. In order to legally end your marriage in Ontario, you require both – a separation and a divorce.

The separation part begins as soon as you or your spouse decide to separate and have no reasonable prospect of getting back together. Often this is when one spouse expresses their desire to end the marriage.

Once you decide to separate, you should move quickly to draft a separation agreement. Your first step should include seeking the advice of a divorce lawyer to help you figure out all the complex details. A separation agreement is a legal document which lays out all of your rights and responsibilities. It can include the separation of property, custody, child support, and spousal support provisions. It lays the groundwork for you to continue your lives separately.

You must understand, however, that the separation agreement does not actually end the marriage. There is only one way of doing that and that is by getting a divorce. The divorce can be received, generally, only after one year of separation and does not deal with all the factors of your separation agreement as long as everything has been considered, particularly custody and support of children.

The difficulty in drafting the separation agreement is that you are forced to negotiate and make decisions that are critical at a time when you are under tremendous stress and emotional turmoil. This is not easy.

There are important issues which should be dealt with relatively quickly. Your divorce lawyer can then help you navigate the negotiations and possibly help you to take your claims to the court to get more help.

Of course, reaching consensus directly with your ex-partner is the best way of handling separation agreements. This is the way most people are able to settle issues. However, sometimes people are just unable to come to an agreement and that is what the courts are there for.

So, as hard as it is, relax, think straight and get help as soon as you need it. Soon enough all your issues will be resolved and you can focus on the rest of your life.