DURHAM REGION SEPARATION AGREEMENT LAWYERS
A separation agreement is a legal document that spouses enter into to resolve their outstanding issues prior to divorce. A separation agreement provides couples with the opportunity to decide for themselves, independent of a court or third-party decision-maker, the best way to divide assets and care for children. Barry J. Carmichael is an Oshawa lawyer who provides clients with effective advice on separation agreements.
Comprehensive Resolution of Issues Prior to Divorce
In Ontario, only a court can grant a divorce. Prior to this decree, however, spouses can finalize most issues related to a divorce. A separation agreement can include:
- Custody and Access
- Child support
- Spousal support
- Property division
- Pension division
- Special and extraordinary expenses
- Maintenance of health benefits and insurance coverage
A comprehensive separation agreement will make the process of requesting a divorce easier. Couples are also able to resolve important parenting issues, such as where children will live immediately while other issues are still under negotiation.
The Process of Coming to an Agreement
If couples can agree in principle on outstanding issues during separation, one spouse can retain a lawyer to draft a formal agreement. Spouses who cannot come to a resolution on their own can hire legal counsel to help them negotiate an agreement. In this case, each spouse should be represented by counsel. In both cases, each spouse must have his or her own lawyer to review any final separation agreement. Mediation with a neutral third party is also an option as is going to court. Even when couples engage in a court process, 90 percent or more of these cases end with settlement.
The team at Carmichael Law has assisted in the drafting and negotiation of separation agreements for over 30 years in Oshawa. Past clients have valued the honest, practical advice and knowledge of issues important to families in Durham Region. The team has assisted employees of the region’s major employers, including Ontario Power Generation and the Durham District School Board.