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Separation Agreements essential to terms of separation

Separation Agreements are the most common domestic contracts negotiated between couples. In order for two parties to enter into a separation agreement they must have cohabited and must now be living separate and apart. Although physical separation is a strong indicator, parties will be deemed to be living separate and apart under the same roof if the court considers them to be living separate and independent lives.

Unlike a marriage contract or cohabitation agreement, a separation agreement can provide for custody and access to children in addition to all the rights and obligations that can be dealt with under those domestic contracts. A court may nonetheless disregard such provisions in a separation agreement in accordance with s.56 (1) of the Act where it is in the best interest of the child to do so, since the court always reserves jurisdiction where children are concerned.  In addition, the court may disregard a child support provision in a domestic contract which is not in accordance with the Child Support Guidelines.

I am trained as a comprehensive family mediator and accredited by the Ontario Association of Family Mediation (AccFM). I regularly combine my legal and mental health knowledge to assist clients in creatively resolving their family law disputes. I conduct mediations and arbitrations and also represent clients in alternate dispute resolution processes. I have trained in collaborative law and parenting co-ordination.

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