It’s absolutely possible to draft your own separation agreement. It can be tricky to find the right information online, but you’re clever and have some important tools at your disposal.

What is the process of becoming legally separated?

To get a legal separation you must file a petition in your Superior or Family Division Court. In many ways, a legal separation is the same as a divorce. Both include final custody, visitation, child support, and if appropriate, alimony orders. All the family assets and debts are permanently divided.

What should be in a separation agreement?

Your separation agreement is a binding legal document. In order to best protect both parties and the children, a separation agreement should do five things. Include provisions dealing with children, parenting time, residential access, legal custody and decision making.

What is a temporary separation agreement?

An interim (or temporary) separation agreement is a written contract that both parties sign after separation but before divorce. This contract specifies how each party will conduct himself or herself post-separation.

Is a separation agreement a legally binding document?

A separation agreement is a legal document that when signed and notarized by you and your spouse can act as a legally binding contract that is separate from or “survives” the divorce. Such a contract is enforceable, meaning you can take legal action if your spouse does not adhere to the terms of the contract.

How long does a separation take?

It takes about 90 to 120 days to get a legal separation from start to finish on average according to multiple national sources. Filing a petition for legal separation is the first step. After you file a petition for legal separation you must wait up to 30 days for your spouse to respond.

What is the purpose of a separation agreement?

A Separation Agreement is an arrangement on all the issues you and your spouse need to resolve before getting divorced, such as the division of marital property (assets and debts), child custody, visitation and support issues, and Temporary Maintenance and Post Divorce Maintenance (commonly known as ‘alimony or spousal …

Who is responsible for drafting a separation agreement?

Your solicitor will draft your separation agreement once terms have been settled upon. It is important that both of you should obtain independent legal advice from separate solicitors on the details of the agreement.

What should I include in a separation agreement?

A Separation Agreement may be submitted during divorce proceedings to provide an agreed upon settlement that can help to simplify the legal process. What should I include in a Separation Agreement? A Separation Agreement can be used when a couple who wants to separate wishes to formally divide their responsibilities in regards to items such as:

How to prepare a separation agreement in Ontario?

Get independent legal advice. Any domestic agreement (which in Ontario can include a marriage contract, cohabitation agreement or separation agreement), must be drafted with great care and attention to detail.

How to make a separation agreement legally binding?

To make your separation agreement legally binding, Graysons’ legal experts would recommend this process: Agree with your ex-partner what areas your separation agreement will cover, and what the terms will be. It’s ideal if you can reach this kind of agreement amicably between yourselves, but sometimes this isn’t possible.