Every long term relationship must deal with the challenges of communication and occasional disagreement. Marriage is no exception.
Separation is not the same as divorce. Separation allows partners to live apart, giving them time to renegotiate a positive relationship together or take the next step to divorce. Married parties must be separated for at least one year before they can apply for a divorce. Generally, parties who have separated or wish to separate will negotiate a written separation agreement which settles all matters of property, support, custody and access between the parties before an application for divorce is made. The proper approach to the negotiation of a separation agreement can be a critical factor in determining whether the negotiation will succeed or fail. Failure, inevitably leads increased tension between the parties and eventually judicial intervention through litigation to resolve the contested issues and all of the additional cost and delay associated with the litigation process.
Having the right lawyer from the start is critical
During the separation stage, agreements may be drawn up. When couples with children plan to divorce they must consider important legal decisions regarding:
- Child custody
- Child access and visitation
Emotional decisions made between angry and frustrated partners often adversely impact chances for a positive outcome.
The Hilbing Separation Lawyers understand the unique challenges couples face and the legal complexities involved in marital separation. Taking appropriate steps to protect your rights during separation is a crucial.
The creation of a separation agreement clarifies the rights and responsibilities of each partner and can be the basis for a smoother divorce process should the time come.
Whether the partners intend to permanently separate, divorce or just need time to sort things out; many previously shared responsibilities must be settled including:
- Where to live
- Who takes care of the children
- Who pays what bills
- Responsibility for new debt
To ensure the best interests of each family member, clear headed preparation and planning is required. When turbulent and uncertain feelings are involved it makes for increased difficulty to construct the agreement.
The Hilbing Family Lawyers provide expert and cost effective advice, supporting families in making effective, fact based decisions.
For more information about marital separation or to have your questions answered, please call the Hilbing Separation Lawyers at 905-264-7155
The Hilbing Family Law office is located in Woodbridge at the corner of Weston and Steeles Ave, and in Oshawa at the corner of Mary and Richmond. The Hilbing Law Firm is centrally located to serve clients throughout Toronto, including Rexdale, North York, Etobicoke, Vaughan and Woodbridge.
Separation Agreement Lawyers – Hilbing Barristors & Solicitors
7050 Weston Road, Suite 502