What makes your separation (agreement) "legal"?

Q: Must you have a legal seperation through court to be considered seperated
or can it be a agreement between the two parties?

A: In Canada a separation agreement is a legally binding contract made
between two persons about how to divide their property and responsibilities
for their children upon separation. It is similar to other contracts such as
a lease, or a loan. It does not require a court proceeding to become legal,
only the signatures of both parties. However, sometimes courts agree to
re-write the agreement if asked to do so by one spouse, if the terms of the
agreement are unfair. This is especially true if one party had a lawyer when
the the agreement was signed and the other did not. That is why it is
important for both parties to spend a little extra money and have a lawyer
review the agreement with him or her before it is signed. This helps ensure
that it will not be re-written by the court later on.

By having us prepare the agreement you still enjoy considerable savings over
paying a lawyer to do so. But we do encourage you to receive independent
legal advice before signing.

We hope this information is useful.

Support Desk
support@divorceonline.ca
www.DivorceOnline.ca