Separation is the most complex aspect of getting a divorce.
The separation part begins as soon as you or your spouse decides to separate and have no reasonable prospect of getting back together. Often this is when one spouse expresses their desire to end the marriage.
Once you decide to separate, you should move quickly to draft a separation agreement. Your first step should include seeking the advice of a divorce lawyer to help you figure out all the complex details. A separation agreement is a legal document which lays out all of your rights and responsibilities.
It can include the equalization of property, child custody & access, child support, child protection, and spousal support provisions. It lays the groundwork for you to continue your lives separately.
You must understand, however, that the separation agreement does not actually end the marriage. There is only one way of doing that and that is by getting a divorce. The divorce can be received, generally, only after one year of separation and does not deal with all the factors of your separation agreement as long as everything has been considered, particularly custody and support of children.
What you will find following the link below is a sample separation agreement outline. It highlights many of the issues you would need to resolve with your ex spouse.
It is important that you get expert legal advice when drafting and negotiating your own separation agreement to ensure that your rights are protected.
If you would like to book a consultation with one of our lawyers, please call us at (416) 736-0200 or click here.
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**PLEASE NOTE: THIS SAMPLE IS FOR ILLUSTRATIVE PURPOSES ONLY