In Ontario, it is common for spouses to finalize the terms of their separation or divorce by agreement. They can negotiate a legally binding contract to settle issues of custody, access, property division, child and spousal support, and equalization of net family property. This way, spouses save the time, expense and emotional stress of courtroom litigation and retain control over the terms of their divorce.
Although it is possible for couples to make these arrangements independently, it is wise to seek legal advice before entering into a separation agreement. The Law Office of Stephen A. Cooper in Ajax can advise you on its contents, including whether your discussions or proposals are reasonable, and fair given your rights or obligations upon separation.
Function of Separation Agreements
When parents have decided the terms of access and custody, they can include this information in a Separation Agreement. In addition, a Separation Agreement can outline the amount and schedule of child support and spousal support payments (if applicable), as well as how property will be divided.
Even when a Separation Agreement is in place, it may be necessary to have its terms varied. The Law Office of Stephen A. Cooper can advise you on whether your Separation Agreement should be varied. If a change in terms is necessary, Mr. Cooper can represent you in court or in the renegotiation of a new contract.