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09-May-2016 08:51

It is not a rule that a separation agreement must be drafted by a lawyer, and couples are entitled to draft their own agreements.Should you choose to create your own separation agreement it is important to check all your provincial requirements so that you know how to successfully write an agreement which will be binding and enforceable by the courts.If so, below are some important facts and information regarding separations in Canada.We will clarify a few common misconceptions about separations and then help you to understand exactly what a Separation Agreement is and what it needs to cover.Separation agreements are treated seriously by the courts and any terms that are clearly unreasonable will not be accepted.It is important to note that judges will not usually change any property divisions or spousal support terms agreed to in writing, even if it is something they wouldn’t have set themselves.If you do indeed reconcile for a period of or exceeding 90 days and then separate again, you will be required to begin a new full one year separation period before a divorce can be granted.Lastly, being separated from your spouse does not always mean that you must be living at separate addresses.

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The only exception to this rule is if your divorce is filed under the grounds of adultery or cruelty.This contract sets out each party’s rights on issues such as: child custody/access, property, debts and child/spousal support.The law leaves the decision about having a written separation agreement up to each individual couple.It can be very difficult and costly to fight for unclear written agreements in court, should one spouse stop respecting the terms of your arrangement.

There are many issues that need to be considered when creating a separation agreement.

In the event that separate addresses are not possible (due to finances, children, etc.) you may reside at the same address as your spouse, and still be separated.