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 Legislationencourage 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 find that they do not have an enforceable agreement at all or, worse, they are bound to an agreement that is bad for them in light of Ontario Law.
In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, talks with Family Lawyer, Katelyn Bell, about the common mistakes that people make when they write their own separation agreement and what the effect of those mistakes can be. Anyone who is contemplating doing their own separation agreement should pay close attention to the content of this episode. A video version is available on YouTube.
If you found this episode interesting or helpful, you might also be interested in these episodes:
79. What Am I Legally Required To Do First After Separating?
72. Why a Judge Might Refuse to Grant Your Divorce
60. Should I Take My Ex to Family Court?
59. Why You Won’t Get Custody of the Kids
44. Can You Be Better Off Financially By Getting a Divorce?
42. How to Get a “Legal Separation” in Ontario
40. How to Keep Your Money in Divorce and Separation
24. How to Have a Valid and Enforceable Separation Agreement in Ontario
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available here as an e-book and on Amazon as a paperback.
