Monday, 1 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 deal is aimed at enabling both parties to each take up own responsibility and ensure that those to be shared are clearly outlined. The presence of a lawyer is not mandatory. However, you need to agree and ensure that your deal meets the set criterion in order to stand the test of the law.

Ensure that all elements involving the parties and related properties or children are covered. You must scrutinize all areas in your life and ensure that there are no loopholes. Thorough coverage should address issues that do not change over time. However, make mention and provision of issues that could change.

Agree on precise details in your deal. This helps to eliminate ambiguity during interpretation of the deal. For instance, name the vehicle you wish to take including its model. In case there are two vehicles, you must indicate the exact one you should get. If a dispute arises, it will be easier to refer to what you had agreed. No one can dispute information that is precise.

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.

Prepare a deal that is personalized to address your unique situation. Do not copy what your relatives, friends or associates have agreed upon. The circumstances you are facing are different from what your friends are facing. Picking a One-Size-Fit-All package will prove a huge problem. You end up getting the shorter end of the deal or causing conflicts in future.

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.

Take the most realistic approach when you are discussing issues. An example is where you cannot control every aspect of life for your partner. Though you might agree on visitation, and issue like sickness, school and random meetings may cause you to be in the same environment. When you make the conditions too strict, they will cause unnecessary conflicts.

Engage a professional and reveal all the details that will be useful in decision making. A lawyer will make the agreement easier and favorable by protecting your interests. Through you should protect your interests, you must be realistic to avoid conflicts. Remember that this is a give and take situation.




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