ARTICLE · 27 APRIL 2023

Mistakes People Make When Doing Their Own Separation Agreement

Devry Smith Frank LLP

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After separating, many spouses and parents try to work out the issues between them on their own, and to make sure that what they decide "stays decided" they put it into a written separation agreement.

CanadaFamily and Matrimonial

Devry Smith Frank LLP

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After separating, many spouses and parents try to work out the issues between them on their own, and to make sure that what they decide "stays decided" they put it into a written separation agreement. The recent changes to the Family Law Legislation encourage people to work out their issues without going to Family Court. But, if the parents or former spouses do not do their agreement totally properly, section 56 of Ontario's Family Law Act, and several court decisions says that a judge can throw out the agreement and leave the parties without anything settled. The rules for separation agreements are specific to each province, and so taking an agreement off of the internet is unlikely to result in a binding settlement. Agreements actually have to be specific to the situation of the parties, and address that situation in light of the technicalities in Ontario Family Law. People who do not get at least some help with their separation agreement from a Family Lawyer often

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