Monday, May 09, 2005

RE: DivorceOnline.ca Inquiry

Q: Once I pay the $349 for the documents, do I then have to pay a lawyer to
have them filed by the courts to make it legal and binding? What is the
difference between a divorce and legal separation?

A: We provide you with the documents along with complete instructions about
how to use them. Neither our divorce documents nor our separation agreement
require you to see a lawyer to make them binding. However, we do recommend
that, for your own peace of mind, you ask a lawyer for what is called
"independent legal advice or ILA" before signing the agreement. Whether you
do or do not is up to you.

The agreement is like a contract, once it has been signed by both parties it
is legally binding and can be enforced by one against the other by suing on
it if the other breaches its terms. It does not have to be filed with any
court to be valid.

The divorce documents do have to be filed with the court as your divorce can
only be granted by a court. A divorce ends you marriage while a separation
keeps you married but states that you will be living apart and how you wish
to divide your assets and responsibilities. A separation agreement still
allows you to reconcile, but if you divorce it remains valid.

We hope this is helpful.

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