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Separation Agreements
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Separation Agreement Lawyer in Mississauga
Some marriages break down to a point where spouses wish to live separately but don’t yet wish to divorce. In these cases, legal separation can help. Separation is a process that involves settling many of the same matters involved in divorce without fully dissolving the legal marriage between two people.
If you and your spouse are considering living apart from each other, Rose Family Law can help. Our firm has provided the compassionate legal support clients have needed when working toward a legal separation. Rest assured that we have the experience and skill necessary to help you feel confident in the separation agreement that will govern you and your spouse’s lives apart.
People choose legal separation for a variety of reasons; whatever yours is, our separation agreement lawyer in Mississauga, Ontario is here to help. For more information, get in touch with us today.
Call (905) 367-0134 or contact Rose Family Law online now to get started.
What Is Involved with Legal Separation?
Our lawyer at Rose Family Law can provide the legal representation you need to help you secure your interests in a variety of legal separation issues. As previously mentioned, many of the matters that will need to be addressed are the same as those typically addressed during a divorce.
The terms of your separation agreement will provide for the following and more:
- Division of marital assets
- Spousal support
- Child custody and access
- Child support
Disagreement over the terms for issues like these is common but can be settled through mediation that doesn’t involve the courts. If you and your spouse are seeking to separate and receptive to working out your differences, our separation agreement lawyer in Mississauga, Ontario can provide assistance through mediation.
Why Should I Choose Legal Separation?
Legal separation exists as a means to separate spouses’ legal and financial affairs from one another without completely dissolving their marriage. This can provide a number of advantages, such as allowing spouses to live separate lives before deciding if divorce is right for them. Legal separation also provides a means for spouses to live independently when divorce isn’t an option due to cultural beliefs and practices.
Do I Really Need a Lawyer to Create My Separation Agreement?
Ontario law doesn’t require either party to have legal representation when it comes to developing a separation agreement. That said, it’s unwise to proceed without an advocate on your side.
Because legal separation involves property, finances, as well as child custody and access matters, there’s a lot at stake. Choosing to proceed without legal representation places you at a disadvantage when it comes to securing a separation agreement that truly represents your interests.
If you wish to decrease the likelihood of inadvertently giving up rights or ceding property you can otherwise retain, choosing to hire legal counsel may be in your best interests.
Contact Rose Family Law Today!
Our lawyer at Rose Family Law can provide the representation you need to move forward with your legal separation. If you wish to pursue this path toward separating from your partner, get in touch with us today to learn more about how we can help.
Our Practice Areas
Divorce & Separation
While obtaining a divorce can be straightforward, a court order is always required. Sometimes, people agree to issues like custody and support on their own and only apply to the court to obtain a divorce. Those cases, called uncontested divorces, take a relatively short amount of time and cost relatively little.
Custody & Access
Custody technically means the legal responsibility to make decisions for the child related to health, education and religion. Access is the right to be with the child at a given time. The basic issues that revolve around custody are: who will make the primary decisions relating to the child and who the child will live with.
Child Support
Common law spouses are often awarded less spousal support or are given support for a shorter duration than married spouses. The factors that affect entitlement to support and the amount of support are generally the same between married and common law spouses. Your lawyer will best be able to help you determine how much support you can claim.
Property Division
When a couple separates, the assets accumulated during the marriage must be classified as family assets, business assets or individual assets. Family assets must be divided equally between the two partners unless it would be unfair to do so. Often, people require legal representation to identify and divide the family assets, especially if the divorce is contested and or complex.
Marriage Contracts
Common law spouses can obtain the same rights as married spouses by preparing and executing a cohabitation agreement. A cohabitation or marriage agreement is a written document where the parties to the agreement can provide for division of property, support or any other matter upon death or the termination of the relationship.
Litigation
Litigation is a traditional method of resolving Family Law disputes. It provides parties with a decision by a Family Court Judge about custody of children, access/time with and support for their children, spousal support for themselves and their property. Our litigation lawyers can commence a court application for you or defend you when you have been served with court documentation.
Mediation & Arbitration
When a couple separates, the assets accumulated during the marriage must be classified as family assets, business assets or individual assets. Family assets must be divided equally between the two partners unless it would be unfair to do so. Often, people require legal representation to identify and divide the family assets, especially if the divorce or separation is contested and or complex.
Separation Agreements
Common law spouses can obtain the exact same rights as married spouses by preparing and executing a cohabitation / marriage agreement. A cohabitation or marriage agreement is a written document where the parties to the agreement can provide for division of property, support or any other matter upon death or the termination of the relationship.
Spousal Support
Litigation is a traditional method of resolving Family Law disputes. It provides parties with a decision by a Family Court Judge about custody of children, access/time with and support for their children, spousal support for themselves and their property. Our litigation lawyers can commence a court application for you or defend you when you have been served with court documentation.
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