Do you want to draft your own Separation Agreement?

By Raman De Souza

Don’t.

It is always a bad idea to draft your own separation agreement, even with the help of Uncle Google. Why? Because spouses often lack fundamental information when it comes to an accurate understanding of the terms within the agreement and/or its ramifications.

The DIY Separation Agreement may feel “fair”, as the spouses divide their household contents, assets and debts amongst themselves in order to save money by having lawyers do it. But did that DIY Separation Agreement deal with spousal support such as entitlement, quantum and duration? Did the DIY Separation Agreement address the division of a spouse’s pension pursuant to the Family Law Act?

By not getting a lawyer, disputes regularly arise when spouses don’t understand the terms or ramifications of the Separation Agreement.

Did you know that setting aside, varying, amending, or declaring a Separation Agreement invalided, or any parts will require having to hire lawyers anyway, and it might take a trial before a judge to re-draft the agreement to bring it in line with the law and the parties’ true wishes? That is exhausting, both emotionally and financially.

A court may, aside, vary, amend, or declare a Separation Agreement invalid or a provision in it, if a party failed to disclose to the other significant assets, or significant debts or other liabilities, existing when the domestic contract was made; if a party did not understand the nature or consequences of the domestic contract; or otherwise in accordance with the law of contract. 

In addition to the grounds of the review provided for under the Family Law Act, a lack of independent legal advice will be considered where it has led to undue influence, duress or some other legally recognized basis for invalidating a contract.

The best way to protect the finality of any negotiated Separation Agreement, both procedurally and substantively in accordance with the relevant legislative scheme, is by speaking to a Family Law Lawyer.

Call Raman at (519) 741-8010 ext. 310 or send her an email: raman@sorbaralaw.com

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