A comprehensive and fair separation agreement is both the goal and the key to resolving a relationship breakdown to the satisfaction of both parties. A separation agreement is a legally enforceable document setting out the terms relating to child and spousal support, parenting plans and the division of property. Due to the breadth of factors covered under these agreements and the long-term implications they have for everyone involved, it is imperative to work with a family lawyer who can ensure your rights are adequately protected throughout the process.

The family lawyers at Boulby Weinberg LLP are renowned advocates for people seeking a full and fair resolution of all matters pertaining to their separation. We put the focus on the client, taking care to find the best method for resolving the matter quickly and effectively. While other firms often opt to litigate every case by default, we strive to find the process best suited to each client’s individual circumstance.

Our firm is also one of a handful of Canadian firms who have partnered with a service called Settify, to make the process of gathering data easier and more efficient. Working with Settify has enabled us to develop an onboarding questionnaire that clients can complete on their own time, whenever it is most convenient for them. The questionnaire allows clients to provide all of the necessary details for the creation of a draft separation agreement ahead of meeting with a lawyer. This saves clients time and expense and allows our lawyers to get straight to the heart of the matter at the first meeting.

What is Covered by a Separation Agreement?

Separation agreements set out the rights and obligations of each party following a split, with respect to a number of issues, including:

If a couple had a marriage or cohabitation agreement in place prior to separating, the terms of the contract may largely mirror what was previously set out. However, domestic contracts entered before separation, are not permitted to dictate issues around parenting arrangements or child support, so these will have to be decided at the time of separation in all cases.

What Makes for a Legally Valid Separation Agreement?

In some cases, if the parties are able to work together effectively and uphold the terms of their agreement over time, they may never have to seek enforcement of their separation agreement. However, as the lives of the parties change and evolve, children grow and parents enter into new relationships, this may not always be the case. If one party begins to default under the terms of the agreement, the other will need to obtain an order from a court to compel their former partner to comply. In these cases, it is important for a separation agreement to be executed properly under the law. In order for a separation agreement to be considered legally binding, the following criteria must be met:

  • It must be in writing and signed by both parties in front of witnesses;
  • Both parties must fully appreciate the terms of the agreement and how they will be impacted (this is achieved by each party receiving the advice of a qualified lawyer prior to signing); and
  • Both parties must be honest and forthcoming with respect to financial disclosure prior to the creation of the agreement.

If any of the above criteria are not met, a court may deem the agreement invalid.

Contact Boulby Weinberg LLP in Toronto for Skilled Representation for Separation Agreements

When it comes time to create and sign a comprehensive separation agreement, the family lawyers at Boulby Weinberg LLP can help. Known for our strategic approach, ability to tackle the most complex financial circumstances, and broad understanding of local and international family property issues, we will ensure your interests are protected in the creation and execution of your separation agreement.

To arrange a consultation with a reputable and empathetic lawyer at Boulby Weinberg LLP, please complete our confidential online questionnaire, which will provide you with valuable preliminary information tailored to your situation. A representative from our firm will contact you within one business day to discuss your matter further and arrange an initial meeting. To contact our firm without completing the questionnaire, please reach out to us online, or call us at 647-494-0113 ext. 102.