Family Law

What is a Separation Agreement?

A Separation Agreement is a legal binding contract dealing with the breakdown of a marriage or common law relationship, and does not require parties to initiate Court proceedings. Often, when parties can communicate reasonably post-separation, a Separation Agreement is the most efficient and cost-effective way to set our each parties’ rights and obligations as a result of the breakdown.

A Separation Agreement will typically deal with the following issues:

  • Child custody and access terms
  • Child support and spousal support terms or waivers
  • The division or assumption of family assets and/or debts
  • Pension valuations and equalization
  • Disposition of the Matrimonial Home
  • Property equalization based on “Net Family Property” calculations

Although one may negotiate and execute a Separation Agreement without the involvement of the Court, it is a legal binding contract. In addition, if the Separation Agreement includes provisions for child or spousal support, it can be filed with the Court for support payments to be enforced through the Family Responsibility Office.

Any valid Separation Agreement will require the exchange of full financial disclosures by each party. Agreements can sometimes be set aside if one party did not provide full disclosure, or if one party was under duress when signing it. There are other factors that may render a Separation Agreement partially or fully invalid, and it is always recommended that parties obtain Independent Legal Advice (or “ILA”) before executing an agreement. The costs for ILA will vary depending on the nature and complexity of the Separation Agreement terms.

What is a Parenting Plan?

A Parenting Plan is a detailed plan of care for the child(ren) that can be included in a Separation Agreement. It is not a legal requirement to have a “Parenting Plan” in a Separation Agreement, but for more detailed access schedules and arrangements it may be beneficial to include the Parenting Plan as part of the Separation Agreement with terms that will allow the parties to amend or negotiate changes as needed.

It’s important to remember that the Parenting Plan needs to be in the best interests of the children yet practical for the parents. Parenting Plans for children will vary depending on age and the child’s needs. For example, it is likely that a Parenting Plan for a toddler will need to be amended over time as the child becomes older and family dynamics change.

Disclaimer: The information contained within these pages is general information only. Each matter is unique and the information contained within these pages may not apply to your situation. You should always seek legal advice to review your individual matter.