Family judges in Ontario often annul separation agreements (annul them) when a spouse claims that he or she has not fully understood the implications of what he or she has signed. That`s why it`s so important to seek independent legal advice. Most separation agreements are designed at a time when you are both stressed, unhappy, and in an overwhelmed headspace, and this is exactly the time when many important considerations can be overlooked, avoided, or set aside as “too difficult.” For these reasons, it is especially important that the support of a neutral professional such as a mediator, divorce financing specialist or parenting specialist takes a close look at your settlement agreements. A neutral knows who the ILA`s good lawyers are and prepares each of you to follow independent legal advice smoothly. So, first, let`s understand divorce in Ontario. Simply put, an application for divorce is a “dissolution of marriage.” It is the documentation that legally ends a marriage. The central goal of an agreement, on the other hand, is to provide clarity and certainty regarding your financial and parental issues. Your separation does not legally end your marriage. While it may be a good idea to seek legal advice, if you`ve drafted your own separation agreement and submitted it to a lawyer, it`s simply a shortcut to serious problems, even disaster. While the advice is to always have someone testify to your separation agreement, that person does not need to be a lawyer because there is no legal obligation to do so in the Family Law Act. In fact, anyone over the age of 18 can be your witness, as their role is only to confirm that the two parties between whom the separation agreement exists have signed it. Many lawyers view the task of reviewing separation agreements that have not been drafted by lawyers as high-risk, low-paying work, so they often avoid getting involved. Think about it from the lawyer`s point of view.
You have office rent and staff to pay, and spending a few hours reviewing a separation agreement you`ve written yourself won`t be as lucrative as working for a client who goes through a full divorce process. In addition, the risks associated with such work are simply not worth it. It is much more important to get an independent legal advice certificate to prove that a lawyer has read, evaluated and given the green light that you understand the terms and effects of your separation agreement. 8. JOINT CUSTODY The child or children of the marriage are in the joint custody of the parties and will normally reside with the wife, subject to the following conditions: (1) The husband has all reasonable and liberal opportunities to visit the child(ren) and receive access from the child(ren), including the right to have the child(ren) with him, to stay with him or to take the child(ren) with him from time to time, as agreed; and (2) The husband will be fully involved in all important considerations concerning the child(ren). 9. CHILD NAME CHANGE (REN) The parties agree that neither party will apply to the Registrar General appointed under the Vital Statistics Act to change the name of the child or children, or to take any other action to change the names of the child or children without the consent of the other party. The husband and wife further agree that this provision shall be considered an obstacle to such a request and may be filed with the Office of the Chancellor-General appointed under the Vital Statistics Act and binding on him, which shall receive such a request from either party contrary to this provision. (Spousal support – mutual release) 10. SPOUSAL SUPPORT (1) Each party: is financially independent; (ii) does not require financial support from the other person; (iii) exempts the other from any obligation to assist or temporarily assist the other under the Family Law Act, the Divorce Act, the Estate Law Reform Act or any other relevant law or statute of Ontario or any other jurisdiction; and (iv) waives its right to seek or receive assistance or interim assistance under the Family Law Act, the Divorce Act, the Estate Law Reform Act or any other relevant law of Ontario or any other jurisdiction of the other. The parties are aware that their respective financial situations may change in the future due to their health, cost of living, employment and other factors. No change, whether marriage-related or not, will give either party the right to apply for or receive interim or permanent assistance under the Family Law Act, the Divorce Act, the Estate Law Reform Act or any other law or statute of Ontario or any other jurisdiction.
on the other. The parties acknowledge and agree that they have taken into account the economic consequences of the marriage and its failure by agreeing to the final release of spousal support in this Agreement. In approving the provisions of this paragraph, the parties have expressly taken into account the provisions and factors of sections 15 and 17 of the Divorce Act and sections 30 to 33 of the Family Law Act. (Spousal support – unlimited alimony) 11. SPOUSAL SUPPORT As of the day of each following month, the husband pays $_ to the wife for her support until one of the following conditions applies: (i) the wife remarries or lives with another man; (ii) the wife dies; (iii) the husband dies. (Spousal support – Temporary support) 12. SPOUSAL SUPPORT (1) From the day of each following month, the husband pays his support to the wife $_ until one of the following occurs: (iv) sale of the marital home; (v) a child leaves the house; (vi) the wife is in full-time employment; or (vii) the husband`s retirement. The parties acknowledge that after fulfilling the husband`s obligation under subsection (1) above, each party is financially independent and does not require financial assistance from the other. 3. The Parties acknowledge that their respective financial circumstances may change in the future due to their health, cost of living, employment and other factors.
No amendment, even if substantial, profound, catastrophic or otherwise, gives either party the right to seek or receive interim or permanent support from the other party under the Family Law Act, the Divorce Act or any other relevant law or jurisdiction of Ontario .. . .