Benefits of using our separation agreement drafting services in Ontario.
Our precisely crafted separation agreements are drafted by top rated and experienced family lawyers in Ontario.
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The smart and efficient road to separation in Ontario.
We have thoughtfully created a process that allows you to skip the long and and stressful court procedures. You can have your separation agreement drafted by experienced lawyers based on your terms. Receive Independent legal advice for each party to ensure that the terms are fair and reasonable.
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You may need some, or all of these clauses in your separation agreement in Ontario.
With our Toronto family lawyers, you only pay for what you need in your Ontario separation agreement. Select the sections you require and get an instant, guaranteed online quote now.
Financial disclosure in separation agreement Ontario
Financial disclosure is also a vital part of the separation agreement process. This process is mandatory in court cases. Each party submits a sworn financial statement, form 13.1 as part of the process. All financial information is listed, including the assets and debts of each party from the date of marriage to the date of separation. Once the forms are completed and exchanged, the party with the higher “net family property” is to provide the other party with an “equalization payment” in order to equalize the assets accumulated during marriage.
Legal advice on separation agreement Ontario
With regards to independent legal advice, we always recommend that both parties receive legal advice when signing. This is a one-time session with a lawyer to review the agreement, ask and have answered important questions, and have a good understanding of the terms in the agreement. At the end of the session, if both yourself and the lawyer are satisfied, the lawyer will witness your signature and attach a certificate of independent legal advice. The other option is to waive legal advice and simply sign with a witness.
Remote signing.
Our family law firm has carefully crafted a simple and easy process to complete the drafting, editing and final signing of your legal separation agreement. Once both parties to the agreement approve the final version, we use video conferencing to witness your signature and you can sign the separation agreement electronically via Docusign. If you are seeking independent legal advice on your separation agreement, we offer legal advice over phone and video. Our lawyers are flexible with dates and timings in order to complete the signing process.
Divorce in Ontario.
The majority of our clients seek file for a simple and uncontested divorce after both parties have signed the separation agreement. Filing a joint divorce is quite possibly the most efficient process to move forward and have your divorce granted by the Superior Court. Our family lawyers offer a flat-rate legal fee to complete your divorce and our process allows for both parties so sign all the important documents electronically from the comfort of their home. Once the divorce is granted, our firm will provide you with an electronic divorce Order issued by the court.
Here is the question.
Is our separation agreement Ontario drafting right for you?
This particular service is right for you if you are comfortable with online communication and electronic signing.
Important information about separation agreement in Ontario.
What is a separation agreement in Ontario?
A separation agreement allows two spouses to live separate and apart. The separation agreement settles important outstanding issues when you get separated from your spouse in Ontario.
Do you need a separation agreement in Ontario?
There is no requirement to have a signed separation agreement in Ontario. However, it is almost always required when there are children involved, complex financial equalization and matrimonial home transfer or sale.
Is it worth getting a separation agreement in Ontario?
A carefully drafted separation agreement will dictate the terms of your separation for an extensive period into the future. Having all of these terms written down and settled will significantly reduce stress, cost and uncertainty.
What is the different between a separation and a divorce?
A “separation” simply means that a two people, married or unmarried, decide to live separate and apart due to a breakdown in their relationship. A “divorce” is filed with the court to legally end a marriage. The divorce can be filed jointly in many cases.
Where can I find an Ontario separation agreement template?
You may find a separation agreement template by a simple search on the internet. However, you should proceed with caution as many of these templates are missing vital components and clauses may result in future conflicts.
Can you do your own separation agreement in Ontario?
You can draft your own separation agreement without a lawyer. This is not recommended in complex financial or parenting cases. You should always review the separation agreement with a family lawyer.
What is the average cost of a separation agreement in Ontario?
The cost associated with having a lawyer draft and finalize a separation agreement largely depends on the nature of your case, the time and effort it required to draft your particular agreement, and the lawyer you select.
Is a separation agreement mandatory in Ontario?
Drafting and signing a separation agreement is not mandatory in Ontario. However, in particular situations it is highly beneficial and at times mandatory. Some institutions like banks and government of Canada will require a written a separation agreement.
What is considered legal separation in the Province of Ontario?
You are considered to be legally separated when you and your partner start living “separate and apart.” This means that each person lives in separate places or both people live at the same home in separate living quarters and don’t share meals and finances.
Do banks require a separation agreement for matrimonial transfer?
The majority of banks require a signed separation agreement in order to process a mortgage or refinance application for one spouse that is purchasing the interest of the other spouse in their matrimonial home.
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Important information and statistics for in Ontario separation agreements.
Skip the long and stressful court proceedings. Have your Agreement drafted by experienced lawyers based on your terms. Get Independent legal advice for each party to ensure that the terms are fair and reasonable.
Ontario trends for separation and divorce
Canada’s population is getting older, however it is also noted that Canadians are maintaining their health and activity levels for longer periods than previously observed. While the majority of Canadians aged 55 and above are in a committed relationship, there is a new trend where some are opting for separation, divorce, and new relationships later in life.
Previous marriages just lasted longer
The majority of Canadians aged 55 and above, who were previously married, were involved in a long-term relationship before their last separation. Based on the 2017 General Social Survey, individuals in this category were typically married for an average of 19 years. Common-law relationships, on the other hand, were shorter in duration, averaging around 7 years.
Separation for at least one year
Between 1982 and 1985, marriage breakdown became the most common grounds for filing a divorce in Ontario. “Marriage breakdown” means separation for at least one year. The other grounds for filing for a divorce in Ontario including “adultery” or “cruelty.” However, divorce Applications based on separation in Ontario remain the most common types of divorce Applications.
Data on separation and children
Data from the 2017 General Social Survey on Family revealed that approximately 5.3 million Canadians aged 20 or above experienced separation or divorce within the preceding 20 years. Among them, nearly 1.2 million people had at least one biological or adopted child aged 18 years or under with their former spouse or partner when they ended their relationship in Canada
Record low Ontario divorce filings in 2020
The number of divorces granted in Canada decreased significantly in 2020, with 42,933 divorces recorded compared to 56,937 in 2019. This 25% annual drop is the largest since the Divorce Act of 1968. The decline is attributed to the difficulties accessing court services during the COVID-19 pandemic. It was especially difficult for Ontario residents to file and complete their Ontario separation Agreement or Divorce during that time.
Under-reporting of separation in Ontario
Since the majority of married couple separation prior to fling for divorce, it is very difficult to have clear statistics on the separation of married couples since divorce statistics do not report separation statistics. Another factor that may result in the under-reporting of separation in Ontario is that many couples that separate may never file for a legal divorce. These types of cases are not covered in separation statistics and they are generally difficult to report.
Separation in Ontario is on the rise
In the year 2017, 9% of Canadians aged 15 and older were divorced or separated, compared to 8% in 1997, a rise by 1%. The average cost of total fees charged by lawyers filing for a divorce based on separation in Ontario has also since increased. The percentage of Canadians who reported having divorced or separated parents increased from 10% in 2001 to 19% in 2011. This is a dramatic increase if the numbers are reliable and explains why Ontario separation agreements are also very popular.
Statistics on Canadian Family Law
There is a ton of information and statistics for Ontario separation and divorce, including figures provided by Statistics Canada. The common trend seems to be that separation and divorce are increasing in Ontario and generally, individuals are waiting a longer period of time before they decide to tie the knot and get married. It is also worth noting that it is more common now than ever that many couples decide to not get married and instead simply cohabitate.