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What Is Legal Separation?
A legal separation begins when you and your partner are living separate and apart. This means that you are living in separate houses or that you are living in the same residence but separate from each other. Knowing your date of separation will help you when calculating your equalization and division of property. This is different then Divorce. A separation does not have to be filed in the court, however, a divorce is a court order that will allow you to get re-married in the future. You must be separated for at least one year before you can file for divorce unless there are extenuating circumstances.
What Is A Separation Agreement?
A Separation Agreement is a legally binding contract that is drafted and agreed upon by both parties to help resolve all Family Law issues. These issues include but are not limited to custody, access, child support, spousal support and division of property. Ideally you should have your separation agreement drafted by a lawyer, however, it is not required. You can draft your own agreement, however, for it to be a binding legal agreement there are certain aspects that must be met, such as receiving Independent Legal Advice and Financial Disclosure. You must ensure that the agreement considers any children of the relationship, such issues include custody, access and child support.
Reviewing and Drafting Separation Agreement
When it comes time to draft and review your separation agreement you want to make sure that you have a top lawyer who will be on your side and draft the separation agreement with your interest in mind. Call Tailor Law today to schedule a consultation with a lawyer who will always fight for you and your family. If you have already drafted a separation agreement and you would like a lawyer to review the agreement, we would be happy to sit down with you and review the agreement and explain what you are getting in the agreement and if the agreement is giving you what you deserve. Call Tailor Law today and we will be happy to help you through your Separation.
How Much Does A Separation Cost?
Unfortunately, there is no way of determining the price of a separation upfront as it will depend on several circumstances, such as the amicability of the parties. This means that if the parties are willing to come to the negotiation table willing to discuss all issues civilly then this will reduce your legal costs. As will most legal cases the open the communication the faster and less expensive the matter will be. At Tailor Law, we are always upfront on our fees and will only bill you for the work put into your matter. We make sure that we conclude your matter in a timely fashion and in the best interest of you and your family.
Searching For The Best Separation Lawyers?
If you are seeking assistance with your Separation you can call Tailor Law today to get help from our trained Lawyers who can help you navigate through the whirlwind of paperwork and emotions that come with deciding how to proceed.
If you have questions about your Separation or assistance with Independent Legal Advice please call us today to set up an appointment to speak with one of our Lawyers.
We Want The Best For You And Your Family
Separation lawyers offer legal support in the way to help negotiate and finalize your Separation. In Separation matters, the lawyers at Tailor Law provide representation in Mississauga and Oakville. Tailoring a positive separation requires the consideration of the best interests of the entire family. This means that all parties must consider the mental and physical welfare of the children with respect to special needs, living arrangements, education, childcare and financial maintenance. In seeking a Separation, you want the top Separation lawyers on your side to ensure you’re getting a fair deal. Tailor Law firm provides full service and representation in your Separation.
Frequently Asked Questions
Separation is an agreement between the parties that the relationship will not reconcile. This agreement can be verbal or written but is more concrete and legally binding in writing. This agreement will deal will all family law issues, which include but are not limited to custody, access, child support, spousal support and equalization. For a contract to be legally binding it must contain financial disclosure and be reviewed by a lawyer before signing (Independent Legal Advice).
Divorce is a legal order that is given to you by the court that would outline the resolution of the family law issues, these can replicate the separation agreement. If you and your partner are not agreeable to any separation terms then you can file an application in the court where a judge would help facilitate negotiations or make a final decision on your behalf. 30 days after a final divorce order is issued then both parties are able to get re-married at any time.
Joint custody occurs when the parents of the child share physical and legal custody of the child. Joint custody is also known as shared custody, which is a 50/50 split. When parents have joint custody over children, they make decisions jointly with respect to the care of the children.
Couples or spouses who have decided to separate must decide where their children will reside and how much time each parent will spend with the children. This time is called parenting time. The time that each parent spends with the children is called child access.
Joint custody can be agreed upon prior to going to court. Some couples operate without legal custody agreements, while others use mediation to agree upon custody. If the parties cannot agree on the terms of joint custody, a judge may need to rule on the terms of the joint custody.
Child support payments are payments made from one party to the other in relation to the maintenance and upkeep of children following separation or divorce.
Each parent is responsible for the financial maintenance of the child and payments are based on gross income and financial circumstances. Child support is usually paid until the children turn 18 years of age. Child support payments can be extended in certain circumstances.
In many cases, child support payments are made by the parent who spends the least amount of time with the children.
Child support payments are not related to the gender of the parent nor are they related to legal custody. If one parent has legal custody of the children, it does not necessarily mean that they will receive child support. As there are a number of circumstances that affect child support payments, it is best practice to seek the advice of a family law lawyer. A family lawyer who specializes in child support matters will provide the best legal support for your legal needs. Tailor Law handles both simple and complex matters of child support. Tailor Law offers legal child support in Mississauga and Oakville.