A Pro Guide To Drafting A Tight Separation Agreement Ontario
by Deborah Martin
At a point in life, it is inevitable for partners to part ways. The presence of children and properties, among other issues, demands that you sign a <a href="https://www.naranglaw.ca/services/family-law/">separation agreement Ontario</a>. This is a document that will define responsibilities of each party and restrictions that he or she must live within. When it is drafted well, it will save you from a lot of conflicts and protracted court battles.
The contract stipulates your rights and responsibilities regarding properties and engagements into the future. Surprisingly, you do not require a lawyer for the deal to be acceptable in law. However, it must meet particular conditions to be safe and useful to both parties.
Cover all aspects of life involving the two parties. By being thorough, the interest of both parties and their children will be catered for. Do not leave out property, children or responsibilities. Once they are left out, it will be difficult to refer to them again in future. Note that some issues are subject to change in future.
Issues agreed must be mentioned or entered with precision. Do not leave open ends and ambiguous areas that are subject to multiple interpretations. For instance, if you have a vehicle, mention its model and who should go with it. Without precise information, interpretation will be a challenge and may be done in a way that does not favor you.
The agreement must be based on factual information. If you indicate that your partner owns an apartment, it must be his and not one belonging to his family, for instance. The names used on the paper must be the exact ones used on official documents. The dates and their ranges must also be accurate. Bank account numbers, addresses and such markers must be captured with accuracy. Any inaccurate information could cause the entire deal to be nullified.
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.
Mind the future by predicting it. There is a lot of tension as people separate such that most will not want to meet again or will desire the least possible contact. However, it is always prudent to anticipate that children may desire to be with their other parent or may be brought together by circumstances. Make provision for changes that are beyond your control in future.
Be realistic in your approach to issues agreed. For instance, you cannot govern every aspect of the life of your spouse. Though you might agree that he or she never comes near children, instances of sickness, school activities and unexpected meeting might bring them together. If the terms are too tight and unrealistic, you are likely to find yourselves in too many conflicts.
A professional should guide you during drafting. It helps you find a balance and avoid getting a raw deal. Protect your interests but do not be too rigid that the deal fails to favor you. A give and take approach makes negotiations easier to conclude.
If you are looking for information about a <a href="http://www.naranglaw.ca/services/family-law">separation agreement Ontario</a> residents can come to our web site today. More details are available at http://www.naranglaw.ca/services/family-law now.
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