About Separation Agreements in Mississauga
A marriage is a partnership, and anyone entering into a partnership should understand the terms of that relationship and protect their rights. Therefore, the decision to separate is perhaps one of the most challenging decisions you will ever make. At this stressful and often confusing time, many questions arise surrounding the separation process. At Kain & Ball, our experienced team of family lawyers guide you through the entire process, answering your questions and doing our best to make this transition into the next phase of your life a smooth one.
Our Toronto and Mississauga family law services range from simple to the most contested matters. We understand that each of our clients is different, and their needs vary from case to case. Different needs mean different solutions, and our team is equipped to handle every case that comes out way.
Kain Family Law specializes in all family law matters, such as separation agreements and divorce proceedings in Mississauga. If your relationship ends, we represent your interests and can assist you in creating an effective separation agreement.
We’re in your corner. Our Family Lawyers in Mississauga has helped hundreds of clients navigate and draft their marriage contracts, cohabitation agreements and separation agreements.
What is a Separation Agreement?
Upon the breakdown of a relationship, a properly drafted legal separation agreement clarifies the rights and obligations of the parties and simplifies the divorce process. This mutual agreement outlines the terms of their separation and deals with significant areas of the relationship such as guardianship, parenting agreements, child support, spousal supports, and property division. Couples can avoid the need for lengthy and costly litigation by agreeing at the beginning of their relationship.
One Year Separation Period
Section 8(2) of the federal Divorce Act that the breakdown of the marriage is established only if the spouses have lived separate and apart for at least one year unless one spouse is applying for divorce on the grounds of adultery or cruelty.
While legal separation in Ontario usually takes place over many months, the date of the separation is essential for married couples. That date is used as the date for the valuation of all property that will be divided between the spouses.
In some cases, separation can occur while the spouses remain under the same roof. Spouses are considered to be living “separate and apart” while they are residing in the same home, provided that they (or at least one of them) have formed the clear intention not to live together.
The year-long period allows for the possibility of reconciliation. If you and your spouse get back together during this time, this reconciliation will not affect your one-year separation period unless you are together for a period or multiple periods equaling more than 90 days.
Do I Need a Separation Agreement for a Divorce?
Yes! This is because the breakdown of the marriage is established only if the spouses have lived ‘separate and apart’ for at least one year. A separation agreement in Mississauga outlines the terms of their separation and deals with significant areas of the relationship such as guardianship, parenting agreements, child support, spousal supports, and property division. Couples can avoid the need for lengthy and costly litigation by agreeing at the beginning of their relationship.
Making Your Marriage Contract Legal
Under the Family Law Act, parties must meet certain requirements for a domestic contract to be valid. Your separation agreement must be properly drafted by a qualified family law lawyer who understands the unique needs of marriage in Ontario to ensure that your contract is enforceable. The legal team at Kain & Ball has extensive experience in negotiating and preparing Separation Agreements in Ontario. Our family law lawyers specializing in marriage contracts in Ontario are ready to help you prepare and finalize a marriage contract that reflects your intentions and wishes most efficiently and effectively possible.
Choosing the Best Family Lawyer in Mississauga
Retaining the best legal team for you is an important decision. It’s essential for you to feel a connection with the lawyer you are choosing. Every person is different; for some people, it’s based on personality; for others, it’s experience. Overall, you want to choose someone knowledgeable and honest.
Good counsel provides professional advice, specifically catered to their client’s family constellations, financial circumstances, values, and personalities. At Kain Family Law, we match you with a Lawyer best suited to your needs based on the information provided to us in your intake form. For more information on separation and divorce, we’ve developed 12 things to consider when separating.
About Kain Family Law
Kain & Ball was founded by Anita T. Kain and David R. Ball, two veteran Bay Street lawyers with the shared vision of providing the very best legal advice and representation to family law clients. Kain & Ball opened its doors in 1993 with this mandate and has continued to grow over the years. In the transformations and expansions that our firm has undergone in the years that have passed, one thing remains constant and always will: our commitment to our clients.
We strive to understand your needs and develop solutions that you can live with. We are straightforward about fees to ensure no surprises. Our premise in doing business is simple: treat others as we would like to be treated. By living our philosophy, and building our knowledge base, we’ve established a strong reputation based on mutual success.
Our qualified team of family lawyers in Mississauga have dealt with a wide range of cases including child support, divorce and separation, spousal support, division of property, litigation services, mediation services and other marriage contracts. We have the skills, knowledge, and experience to ensure a fair child support arrangement for you and your family.
To book a free 30-minute free consultation family lawyer in Toronto or Mississauga, contact us at 1-855-773-4588 or e-mail us at contact@kainfamilylaw.com