A separation agreement or even court orders can resolve some family matters, but they do not legally end your marriage. In Ontario, the only way to legally end your marriage is to apply for a divorce decree. However, a divorce decree does not in any way protect your interests or assets, provide support or guarantee conditions. But beyond what is legal, your separation contract really concerns your money - financial planning, debt problems, pensions and above all tax implications. An intelligent separation agreement takes into account your financial programming after separation. Should I pay monthly support or a one-time payment? Will my children still qualify for OSAP? Do I share my pension now or later? Do I withdraw the equity from the house or the RRSP? Can I afford to keep the house, or should we sell it? How do I manage the remaining debts? Can I still retire as planned? Hire a lawyer to do it for you if you`re afraid you won`t be able to do it yourself. But take it for face value, and defend yourself. Diplomatically, of course, because you catch more flies with honey than vinegar, as my mother has always said. But you don`t have to accept the first offer (in fact, I would discourage it, unless it`s incredibly generous, which, frankly, I doubt).
Don`t sign without being sure what your agreement says, what Virginia law gives you and what a judge might do. Ask questions. Find information. negotiate. Financial disclosure is a centerpiece of the separation puzzle. But for whatever reason, people sometimes have difficulty with the concept of full financial disclosure. The typical objections are: it is a treaty. Individuals can develop their own contracts and there is nothing wrong with that. Fake news has been a joke lately, and you see references everywhere. Messages may be fake if they come from a serious (or satirical) source. Separation agreements - in fact, not all contracts - are like that.
There are no random words he can sprinkle, nor any way to align words that would tell everyone that a signed contract is wrong. While information is important in financial disclosure - what really matters is that there has been full and formal financial disclosure. In other words, you both need to clearly disclose your finances so that you and your spouse know exactly what you say yes or no. The trial, that`s all! Yes, it is important what goes into your agreement, but the way it is prepared is just as important. As far as the province is concerned, you can agree on almost everything as long as it is not outside of Ontario`s existing laws, with full financial disclosure and ensure that both parties are aware of all their rights, duties and duties before signing anything. If it is only good for a particular term, I define that term. If we are going for a full separation agreement, I say that as well. In short, I always define my intention and draw attention to certain parts of the agreement that support this intention.