Separation is a legal right in Mississauga for spouses to settle issues concerning their rights and obligations. Married and common-law spouses need to enter into a separation agreement in Mississauga in case they want to separate. However, everyone is not familiar with this legal contract. For the same reason, we are highlighting several important points for spouses regarding separation agreements:
A Separation Agreement Is Economical and Better Than Going to a Court:
Court hearings take time; on the other hand, going to court means more expense. Through court litigation, a court decides when and how spouses should proceed with separation. However, courts have loads of matters to resolve. Thus, you can expect a delay in the separation process if a court is your priority. Furthermore, court costs remain unpredictable. If spouses negotiate about separation out of court, they save money and time simultaneously.
A Separation Agreement Address Multiple Issues:
A separation agreement helps spouses choose and decide on important issues. Spouses make imperative decisions concerning the failure of their relationship. In a court, a judge makes important decisions concerning children and assets. Through a separation agreement, spouses can address multiple issues in Mississauga. For instance, this legal contract deals with children’s place of residence, parenting time, division of assets, spousal support, and more. Spouses have to include a dispute resolution clause in a separation agreement. If separating partners do not agree with each other on the terms, they can negotiate to come to agreements terms.
A Separation Agreement Has Legal Requirements:
Here are conditions when a court can refuse a separation agreement:
- If a spouse fails to disclose the assets to the other spouse’s significant assets.
- If a party fails to disclose significant debts and liabilities.
- If a party fails in comprehending the nature and consequences of the domestic contract.
- If the agreement is not in accordance with the law. (It may happen owing to a mistake in the contract if one party forces the other for separation).
As per Family Law Act, this legal contract needs the signature of the parties and witnesses alongside a date. Moreover, parties have to share their complete and heartfelt information about income, property, assets, and debts.
ILA (Independent Legal Advice):
According to Family Law Act, consulting a lawyer is not mandatory for a separation contract. Nevertheless, taking the ILA of the lawyer helps spouses to enforce the agreement. Not taking legal advice from a lawyer may force the court to declare the agreement as unenforceable. If the separating spouses benefit from legal advice, they should attach a Certificate of ILA with the agreement.
A separation is a legal right of married and common-law spouses in Mississauga. Here are four points spouses wishing to separate should keep in mind about a separation agreement in Mississauga:
- This legal contract is faster and less expensive than going to court.
- A separation agreement helps spouses to address multiple issues.
- This agreement has some legal requirements, and misrepresentation of information forces the court to cancel it.
- Taking the legal advice of a lawyer benefits, but it is not mandatory for separation in Mississauga.
If you are looking to file for a divorce or getting a divorce in Mississauga, Brampton, or Oakville, Divorce Fast can help.