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.
There is a strong narrative suggesting or even stating that only a lawyer can draft a legally binding separation agreement and this is not true. 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.
Common law couples do not have statutory property division in Ontario. So no, she does not get half your house or your savings automatically .
A marital separation agreement will generally include details on factors such as alimony, division of assets, property and debts. If children are involved, the marital separation agreement should also detail who will get what amount of custody and what visitation and child support will look like.
1) Gather Documents & Keep Records. 2) Open a Separate Bank Account & Create Your Own Budget. 3) List Property & Other Assets. 4) Plan the Logistics of Your Exit. 5) Contact a Divorce Lawyer. 6) To Tell Your
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. I am not suggesting that this is the better way, rather there are options and transparency of information is important.
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.
Seek Legal Action In some circumstances, you will have to initiate legal action for a decree of separation. For example, you may seek a court judgment if your spouse refuses to separate or undergo mediation. You may also have to go through this if you and your spouse attempted mediation but disagreed.