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An Ontario separation agreement should generally include specific information regarding how any issues facing the separating couple are to be resolved. For example: Parenting Arrangements: Spouses should determine who has custody and what the access schedule will look like.
Below are general steps to splitting assets in a divorce: Identify All Assets. ... Determine Which Assets Are Marital Property. ... Determine the Value of Each Asset. ... Determine How to Divide the Assets. ... Consider Tax Implications. ... Negotiate an Agreement. ... Divide the Assets.
For most common-law couples who jointly own real estate or other substantial assets, they will in fact be split 50-50. In fact, it is not really a legal dispute to take one's own property when a relationship ends. There are situations when this may not be automatic.
There are four basic steps to property division: identification, classification, valuation and distribution that are described in more detail below.
In divorce proceedings, the courts seek to establish equitable division, meaning a fair and just division of jointly acquired marital property. Equity does not always indicate a fifty-fifty split since the court might consider both spouses' economic contributions in determining a more equitable division.