Canadians used to have two common misconceptions about divorce; first is partners are not required to file a legal separation case because they are separated since the time they have been living apart and second, there is an automatic separation after several years of separation.
Things never work as you think. There are only 3 reasons of getting divorced:
- Adultery (cheating)
- Physical or mental cruelty
- Living separation and apart for over a year
Ernst Ashurov makes clear one thing that living apart does not mean physical separation, people live separately even under one roof for their children or economic reasons. You can contact a family lawyer Toronto to file a separation case before one year of separation while, second case can be filed after 1 year of it.
Creating Separation Agreement
Ernst Ashurov always recommends clients to settle problems on their own. Since everybody cannot bear the expenses of court proceedings, he tries to resolve issues out of the court. However, when it comes to signing a separation agreement, one should have to be sure about the decision, including the matters related to their children. It is an agreement that both parties should honor.
Being an experience family lawyer Toronto, Ernst leaves everything on the couple and create agreement as they want. Below are some of the most important issues partners should have to write in the agreement in order to file a divorce case:
- Separation date
- Matters related to children
- Whether the mother will take care of children or their father
- Who will be responsible for the custody
- What are the rights of other parent over the children
- Amount for child support
- Time period of child support
- Spousal support issues
- Amount of support from a spouse to the other
- Till when support remains valid
- Property related issues
- Share of both partners
- Who will sell the house, who will take care of it etc
- Debt related issues
- How much you owe in terms of outstanding debts (mortgage, loans, credit cards)
- Who will pay the debts
Drafting a Separation Agreement
You cannot personally create a separation agreement because it needs knowledge and insight of legal matters. Ernst Ashurov is one of the best family lawyers in Toronto, so you can choose him to make one for you. Once it is created, you can get it checked by a legal advisor to know if everything is right. You can take help from a mediator in order to get an agreement that covers every legal matter so that you will not suffer from any problem in the future. Ernst Ashurov will also take care of different provincial requirements in order to make your separation agreement enforceable in the court.
The Canadian government has created certain rules for the couples who want to get divorce. They need to get signs of the witnesses present during the execution of separation agreement so that nothing will go wrong in the future and none of the spouses could claim anything apart from that agreement.