We pride ourselves on guiding our clients to solutions without resorting to the courts.
With each spouse represented by counsel (normally) and with proper financial disclosure, we will represent your interests to ensure a fair and equitable settlement which is formalized in a written contract known as a separation agreement.
At Hallmark Attorneys LLP, our family law lawyers draft customized separation agreements focused on your specific situation and family dynamic. Based in Richmond Hill, Ontario, our team offers legal advice on how you and your spouse can decide on a solution that suits you both.
How Does Legal Separation Work in Ontario?
In Ontario you are considered separated when you are no longer living together and it’s highly unlikely that you will be able to live together again.
When couples decide to separate (whether they are married or common-law) important decisions will need to be made on how your property will be divided, how your debts will be paid, child custody, as well as child and spousal support if applicable.
Typically the best way to resolve these issues during the separation process is in the form of a separation agreement.
Can You Be Separated and Still Live Under the Same Roof in Ontario?
There may be certain circumstances that prohibit you from living separately such as financial reasons, childcare reasons, etc. In situations like this, the courts will still consider you separated so long as you are not romantically involved, not sleeping in the same room but sleeping separately, maybe vacationing separately, and even shopping separately.
If both parties can attest to this then you may be considered separated while living under the same roof as you await your divorce to be finalized.
What is a Separation Agreement?
A good separation agreement will contain some of the following elements (this is not an exhaustive list):
- The full legal name of each spouse.
- The separation date was upon by both parties.
- Address of whom the children will live with and what custody arrangements will look like.
- Address child support obligations including details on when child support will end as per Ontario law.
- Address spousal support issues such as whether spousal support payments will be paid and if so, for how long and circumstances that may affect the payment of same.
- Address property division matters including a clear list that outlines who gets what and if you own joint property: how will the property be sold, who is responsible for it until it is sold, who will live in it until it is sold, how the proceeds from the sale will be divided, etc.
- Outline debts outstanding and who will be paying for what and for how long. It is very important to also outline how debts incurred after separation but before divorce will be handled as well as who pays for legal fees or how those legal fees will be split.
- Outline how pensions, RRSPs, RESPs and other financial investments will be split or paid out.
How Does Divorce or Separation Affect Canada Pension Plan (CPP) Contributions?
Canada Pension Plan (CPP) credits that you and your spouse may have acquired during the tenure of your relationship can be summed up and split between the both of you. This process is commonly referred to as credit splitting and applies to both common-law partners and married couples.
What You Should Know Before You Sign a Separation Agreement
Though it is easy to obtain precedent separation agreements on the internet or at bookstores, a separation agreement is a very important document which you should not sign in the absence of independent legal advice.
Your Separation Agreement Should Suit Your Specific Situation
Only a qualified and experienced lawyer can properly advise you in this complex area of law. At Hallmark Attorneys LLP, we offer over 50 years of combined experience negotiating the separation of assets and property for common-law and married couples.
We leverage our legal knowledge to guide our clients to realistic outcomes that protect their interests and allow them to confidently move forward after a separation or divorce.
Call Our Legal Team Today
Arrange a meeting and speak to our family law lawyers. Fill in the form below or call +1 (548) 708 4291 to get started.
