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A Separation Agreement is a document that two people in a marriage use to divide their assets and responsibilities while they are separated.
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.
There are three types of separation: trial, permanent and legal.
A "separation" is when a couple decides to live apart from each other because the relationship has broken down. The couple may be married, or they may be unmarried but living together like a married couple in a common-law relationship. A "divorce" is when a court officially ends a marriage.
What You Should Include in a Divorce Letter Start the letter with something like ?The previous night was tough on me. ... An explanation of your decision. ... How to proceed with the next steps. ... Your name, your spouse's name, and the date you sent the letter.
How to Write a Separation Agreement Name and address of both spouses. Details of the marriage. Beginning date of the separation. Statement of the intention to separate. Terms of use of the agreement. Specifications regarding the division of assets and the shared financial or child responsibilities of both parties.
Separation can give both parties more time and space to consider their goals and desires while the divorce is final. It provides breathing room to prevent further conflict and gives each person time to reflect and heal. Separation can also allow to experience independence while keeping your relationship legally intact.
Parties to the divorce may also draft their own Separation Agreements but for those couples who want to ensure the document is drafted correctly the first time should consider consulting an expert. MWI is available at 617-895-4028 to assist or to provide a free consultation.