Helping Clients Create Effective Separation Agreements in Burlington
If you are considering a separation, you likely have plenty of questions. After all, separating from your spouse has significant financial implications, not to mention the all-important child custody arrangements that you’ll need to negotiate.
Fortunately, the dedicated family lawyers at Amiri Family Law understand what you’re going through and are here to help. Our experienced legal team is committed to providing you with affordable, quality legal guidance that will not only protect your rights but that will also better inform you regarding your options. Your legal
concerns are our legal concerns, so please don’t hesitate to schedule a consultation today.
What Burlington Separation Agreement Lawyers Want You to Know
A separation agreement can resolve the practical issues of ending a relationship without the cost and stress of litigation, but only if it is done correctly. Here is what our Burlington separation agreement lawyers want every client to understand.
- A separation agreement must be in writing, signed by both spouses, and witnessed to be valid, and it can cover property division, support, and parenting arrangements.
- Separating does not require you to get divorced; many couples remain separated under a valid agreement indefinitely without ever filing for divorce.
- Nima Amiri and the team at Amiri Family Law help clients negotiate separation agreements that are fair, properly disclosed, and built to hold up if ever challenged.
Protective and Enforceable Separation Agreements
Separation is the legal process of leaving a spousal relationship – whether it is a marriage or a common-law marriage. Separation can be an initial step in the divorce process, but spouses who separate are not required to ultimately obtain divorces. In fact, some spouses never choose to divorce and remain separated indefinitely. While separating couples generally don’t have to jump through all the legal hoops that divorcing couples do – including court appearances and extensive legal paperwork – they typically must negotiate a separation agreement.
A Clear Path to Moving Forward
You Don’t Need a Court Battle to Move On
A well-drafted separation agreement can resolve the practical issues of ending a relationship without the cost and stress of litigation. Amiri Family Law will help you put a fair, enforceable agreement in place.
Request A ConsultationWhat Is a Separation Agreement?
A separation agreement is a domestic contract between two spouses who are either married or have a common law marriage. The agreement formalizes each spouse’s rights and responsibilities in relation to several important factors:
- The Division of Property
- Child Support
- Child Custody and Access
- Spousal Support
- Any other matter that requires attention and settlement
In order to be valid, the separation agreement must be in writing, be signed by both spouses, and be witnessed. Once filed with the court, the valid separation agreement can be enforced by the court, which makes it a speedy, convenient, cost-effective, and relatively low conflict alternative to the litigation route.
While a separating couple can create their own separation agreement, it is advisable that each spouse obtain the professional legal counsel of an experienced lawyer before signing off on this important document. A lawyer will help ensure that the settlement agreement is not only valid but that it also protects his or her client’s best interests and that the client’s spouse is being above board regarding financial disclosures. In fact, failure to make a full financial disclosure and/or failure by either spouse to obtain independent legal advice can lead an otherwise valid separation agreement to be set aside by the court. When a couple can’t come to an agreement on the critical issues related to their separation, they typically end up in litigation whereby the court determines the remaining issues.
Protecting Your Rights in Writing
Let’s Put a Fair Agreement in Place
A separation agreement only protects you if it is drafted correctly and reflects full financial disclosure from both sides. Talk to us about your situation so we can help you reach an agreement that holds up.
Request A ConsultationThe Separation Process in Ontario
Separating can take some time to complete.
- The date the couple separates – when at least one spouse demonstrates the clear intention of living separately – is important to the process because it is the date that guides the valuation of the couple’s property.
- The intention to live separate and apart from one another is enough to qualify as a separation – the spouses don’t actually have to live in separate homes.
- Finally, unless one spouse is applying for divorce on grounds of cruelty or adultery, separated couples must wait at least one year before applying for a divorce.
Contact Our Burlington Separation Agreement Lawyers For Help
If you are considering separating from your spouse, the dedicated family lawyers at Amiri Family Law are here to help. We have offices conveniently located in Mississauga, Oakville, and Burlington. To schedule a consultation, please contact us by directly online or by calling us at 844-678-6462 today.
Answers From Our Burlington Separation Agreement Lawyers
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Yes, provided it meets the legal requirements: it must be in writing, signed by both spouses, and witnessed. Once properly executed and filed with the court, a valid separation agreement can be enforced just like a court order, covering issues such as property division, support, and parenting arrangements.
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No. Separation and divorce are legally distinct processes, and many couples remain separated indefinitely without ever divorcing. A separation agreement resolves the practical and financial issues between spouses, while a divorce is the formal legal step that ends the marriage itself, if either spouse chooses to pursue it.
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Yes, in certain circumstances. A court may set aside a separation agreement if one spouse failed to make full financial disclosure or did not receive independent legal advice before signing. Agreements can also sometimes be varied later if circumstances change significantly, particularly around support and parenting arrangements.
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Each spouse should have their own lawyer rather than sharing one. Independent legal advice helps ensure the agreement is fair, properly explained, and less likely to be challenged later. Nima Amiri, our Burlington separation agreement lawyers, can each represent one spouse’s interests throughout the negotiation and signing process.
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We proudly serve clients in the Greater Toronto Area.
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Testimonials
Nima is someone highly committed to his clients and shows a strong understanding of the law and litigation. He is someone that I would trust with sending my friends and family to for important legal matters. Highly recommended.
Nima is one of the brightest and most dedicated individuals I know. He’s a fantastic lawyer and an even better person, and I would recommend his services and advice to anyone who needs a true professional in their corner.
Nima is always available to answer all of my questions. He provided me with thoughtful responses and was incredibly knowledgeable.
Nima is the most dedicated lawyer I know. He cares a lot about his clients and is deeply committed to defending their rights, working tirelessly to do so. I haven’t seen anyone who works as hard as Nima and I would wholeheartedly recommend him and the Amiri Law Group to anyone.
An honest, trustworthy, and incredibly hard-working lawyer. One of the best.
I highly recommend Amiri Law Group. Knowledgable, personable, and trustworthy.
Call Us Today to Schedule
a Case Evaluation
We’re here to help you with any matter related to family law. Call us today at 844-678-6462 to schedule a consultation with a divorce & family lawyer.