Separation Agreements

Separation Agreements from David M. Morneau Jr.

Separating from your partner or spouse can be both emotionally and logistically challenging. It may also lead to a level of disagreement and conflict you may not have experienced before.

Rather than seek resolution through the courts, I help you resolve the key issue at the heart of conflict – a lack of meaningful communication. To do that, I use consensual dispute resolution processes like mediation, collaborative law or principled cooperative negotiation.

As a professional, my objective is to help you both to determine what you individually need to overcome the obstacles to agreement. This is why I take the time that I do to recommend a process that I believe will best suit your family’s needs. Through a thoughtfully developed process, I can ensure that you have all information and advice to make informed decisions and create durable agreements and relationships which allow you to communicate long into your future.

Morneau Family Law & Legal Innovation

Separation Agreements through Consensual Dispute Resolution

Throughout my career, I have helped hundreds of couples navigate through a process of defining exactly what their own and partner’s goals, aspirations and future needs are. I do this through Consensual Dispute Resolution.

The end result of any of these processes is usually an agreement which is formalized in a separation agreement. A separation agreement is a binding contract that details, in writing, what you both have agreed to and how you will move forward. It can contain details about your children, financial obligations, how your property will be handled and how to handle disagreements in the future should they happen.

For more details and to discuss your situation:

FAQ’s

A separation agreement is a formal contract that details what happens when you separate. It is a written agreement that you both sign voluntarily without involving a court or litigation. It typically contains details and decisions about:

  • Information and dates surrounding your relationship
  • Parenting, decision-making and time-sharing of your children
  • Child and spousal support
  • Additional children’s expenses like activities, sports and special interests
  • Pets
  • The value of assets and debts
  • Dividing your assets and debts
  • Bank accounts, investments and pensions
  • The family home and other property
  • Life insurance and health benefits
  • What happens after separation
  • What to do if you disagree in the future

A separation agreement is not the same as a divorce. You are “legally” separated when you and your partner decide to live “separate and apart”. This could mean you live in different homes or lead separate lives within the same home. It is usually the point at which you stop functioning as a couple.

If you both decide to live separately and apart, but you do not wish to divorce, you can enter into a separation agreement.

Only a court can officially end your marriage by granting a divorce. Your separation agreement can, however, detail when and how you will get a divorce, and lay the foundations of what happens after you are divorced regarding parenting and financial arrangements.

This can make the process of seeking a divorce much easier. It can also lead to an “uncontested divorce” where only the paperwork is filed and a court can grant a divorce because you have already determined everything else.

A separation agreement is a written agreement that you both voluntarily sign without the involvement of going to court. With my help, you can take the opportunity to work out problems in your own timeframe through a foundation of transparency, cooperation and communication. Once signed by you both, dated and witnessed, your separation agreement is legally binding. There is no need for the court to even get involved, unless you apply for a divorce. And, then, the court’s involvement is minimal.

Separation agreements for Ontario couples

Contact me for your initial fixed fee consultation that focusses on you, your family and how we can move towards a solution that works for your family.