mardi 26 mars 2019

A Pro Guide To Drafting A Tight Separation Agreement Ontario

By Deborah Martin


There comes a time when partners have to go separate ways. Because of the bond that existed and the presence of either property or children, it is important to sign a detailed separation agreement Ontario. It will determine what each takes and how others that cannot be divided will be utilized or handled. It also guides all future interactions to avoid conflicts or disagreements.

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.

Cover all aspects of life involving the two parties. By being thorough, the interest of both parties and their children will be catered for. Do not leave out property, children or responsibilities. Once they are left out, it will be difficult to refer to them again in future. Note that some issues are subject to change in future.

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.

Be factual when entering information or details in the agreement. It is these details that will be used to make determination in case a conflict arises. For instance, confirms the names and ownership status of the apartment. Indicate the right vehicle model. Enter the correct bank account details and liabilities, among others. The entire deal is invalidated by the presence of erroneous details.

Personalize the agreement to reflect your unique scenario. Relatives, friends and associates can create agreements the way they want. Copying means that you are attempting to apply a One-Size-Fit-All scenario that does not work in all situations. Such copying will mean that you get the shorter end of the bargain. You will be creating an opportunity for conflicts.

Prepare for the future through agreed deal. The moment many people are separating is usually marked with tension and a desire never to meet again. This is likely to blind you into failing to contemplate future changes. However, you might want custody for children, for example but they may want to be with the other parent more often. Leave a leeway for changes in conditions in future.

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.

A professional should guide you during drafting. It helps you find a balance and avoid getting a raw deal. Protect your interests but do not be too rigid that the deal fails to favor you. A give and take approach makes negotiations easier to conclude.




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