A Separation Agreement is a written agreement which deals with all or part of the issues between the parties. A Separation Agreement is negotiated between the parties and their respective lawyers.
The cost of negotiating a Separation Agreement is substantially less and is far more amicable than having the matter proceed through the court system.
You may have a hard time proving that you and your spouse had promised to settle things a certain way if you do not have a written, signed and witnessed separation agreement. This could be a problem if your spouse stops respecting your informal agreement. It is advisable to place informal agreements between spouses in a written, signed, and witnessed Separation Agreements
You may need to resolve issues that have arisen from the breakdown of a relationship right away. You do not have to wait until you are divorced to finalize a Separation Agreement. Moreover, if the Separation Agreement includes support provisions, it can also be registered at the Ontario Court of Justice so that the support terms can be enforced.
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