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WHAT LEGAL STEPS SHOULD YOU TAKE WHEN GOING THROUGH A SEPARATION?

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Simard Associates
WHAT LEGAL STEPS SHOULD YOU TAKE WHEN GOING THROUGH A SEPARATION?

When exploring the intricate legal dynamics of common-law relationships recognized in Ontario, along with considerations regarding wills, powers of attorney, and the division of joint assets, it becomes essential to navigate these complex legal areas, especially when contemplating or going through a separation.


In Ontario, irrespective of marital status—whether legally wedded or in a common-law partnership—understanding the rights and obligations concerning children, support, and the fair division of assets holds significant importance. Although similarities exist regarding children and support, nuanced differences emerge, particularly concerning asset division.


Striving to find common ground with one's partner, even amidst a relationship in decline, carries substantial value in such situations. However, if reaching a fair agreement becomes challenging, seeking resolution through avenues like family law mediation or seeking legal counsel becomes necessary. Opting for an amicable resolution and formulating a Separation Agreement allows both parties to collaboratively determine the best approach for their family's future, avoiding the imposition of a solution by a judge.


A Separation Agreement, serving as a legally binding contract between partners, outlines the approach to address separation-related issues. While engaging a family law attorney for this isn't obligatory, it's highly recommended. Legal guidance ensures compliance with essential domestic contract requirements, such as full financial disclosure, provision for independent legal advice, and fortification of the Agreement's strength in contested court proceedings.


Submitting the prepared Separation Agreement to the court enables the enforcement of provisions related to child or spousal support, encompassing aspects related to asset division, through the Family Responsibility Office (FRO).


However, in cases where finding mutual understanding with one's partner seems unattainable due to communication breakdowns or unreasonable conduct, initiating a court Application becomes essential. This allows the court to intervene based on presented evidence and established legal precedents.


Initiating a family court case requires completing and filing an Application with the court as the Applicant, providing crucial information about the issues seeking resolution, including matters concerning asset division. The Respondent, responding to the initial court documents, will receive these documents and deadlines to respond through an Answer. Given the complexities and procedural requirements of court proceedings, seeking advice from a family law lawyer before initiating an Application or filing an Answer is highly advisable.


For personalized guidance and legal support during a separation, consider consulting an experienced family law attorney, particularly one well-versed in common-law relationships and issues encompassing wills, powers of attorney, and shared property division in Ontario, at Simard & Associates. Their expertise can navigate this intricate period, averting potential missteps that may impact or prolong the case, particularly concerning common-law relationships and associated legal aspects in Ontario.

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