Representing Clients Who Want a Legal Separation in Mississauga
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.
Getting Separated in Mississauga
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.
What 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.
The Separation Process
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 an Experienced Mississauga Separation Lawyer for a Consultation
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 clicking here or by calling us at 647-792-2961 today.
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