Thursday 4 April 2019

A Pro Guide To Drafting A Tight Separation Agreement Ontario

By Deborah Martin


Separation is sometimes inevitable in life despite people living together for long. However, it is made complex by the presence of children, properties and other issues in between. To avoid future conflicts, it is advisable that you develop a binding separation agreement Ontario to help you deal with contact, responsibilities and obligations afterwards. It will help you avoid court battles and conflicts in future.

The agreement must not be seen as an avenue to keep one person away from the other. Rather, it is an opportunity to define the path and manner of interaction after separating. It also helps to maintain sanity as well as ensure that no party is treated unfairly in the process. What should you consider to make the deal valid in law?

Be thorough in your drafting. Capture all the details about areas in your lives that involved both parties. There are loopholes that cannot withstand the passage of time like the value of properties and changes that happen after you have separated. Contemplate tangible implications that affect both parties.

Be precise as you make the deal. Mention names of places and people, their quantities and distinguishing elements to make clear what you are referring to. For instance, if there is a vehicle involved, its model should be mentioned. This ensures that nothing is left to chance or subject to multiple interpretations.

Enter information that is factual and detailed. Only facts can be used to make a determination in case conflicts arise. For instance, the name of both spouses must be entered the way they appear on official documents. Vehicle models and apartment addresses must also be accurate. Liabilities and bank details must be accurate. In case some letters or digits are missing, you are likely to lose if a conflict arises.

Personalize the agreement to reflect your unique scenario. Relatives, friends and associates can create agreements the way they want. Copying means that you are attempting to apply a One-Size-Fit-All scenario that does not work in all situations. Such copying will mean that you get the shorter end of the bargain. You will be creating an opportunity for conflicts.

Predict the future and make provision for it. The tension associated with separation scenarios makes it difficult for parties to be open minded. However, the circumstances are bound to change over time. Anticipate, for instance, a scenario where children will demand more time with their other parent. Though the agreement does not provide for that, you cannot deny them.

A realistic approach to negotiations will save you a lot of stress in future. The reality is that it is, for example, impossible to control what happens in the life of your spouse. You might bump on to him when taking a walk or be brought together by school activities. This means that being strict and demanding to follow the dictates of the deal will be unrealistic. However, do not leave too much loophole. Otherwise, it will nullify everything you have agreed.

Work with a professional to review issues agreed before you can file it in court. A lawyer will help you tie the loose ends even though he might not participate in actual drafting. Protect your interests as much as possible but also be realistic.




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