The Separation Agreement must be made in writing, signed by both parties, and witnessed by two individuals. The witnesses can be people you know, but it's best to have an authorized individual, like a notary public at the signing.
Separation Agreements for Common Law Couples. For common law couples—i.e., couples who have lived together but never married— there is no formal process that must be followed in order to separate, and no need for divorce. Common-law couples can dissolve their union at any time, with no required legal action.
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.
Both parties must agree to the entire Separation Agreement and their signatures must be acknowledged in the presence of a notary public, although both don't have to appear before the notary at the same time, or even use the same notary.
Common law couples do not have statutory property division in Ontario. So no, she does not get half your house or your savings automatically .
Anyone can draft their own separation agreement and as long as it includes certain information, is signed by both spouses and witnessed it is legally binding.
No. Under Ontario law there is no requirement that, in order to be valid, a separation agreement must be notarized.
Separation Agreements for Common Law Couples. For common law couples—i.e., couples who have lived together but never married— there is no formal process that must be followed in order to separate, and no need for divorce. Common-law couples can dissolve their union at any time, with no required legal action.
This document serves as a formal record of the terms the couple has agreed upon, ensuring that both parties are clear on their responsibilities and rights during the period of separation. In Ontario, for the agreement to be legally binding, it must be in writing, signed by both parties, and witnessed.