File for a Peaceful Divorce with a Separation Agreement
Recently, Attorney General of Ontario has announced certain amendments to family law to make it quicker, less costly, and less aggressive. In these days, more and more couples are looking for ways to get their divorce without having too much trouble. Most of them want to settle their divorce issues outside the court premises. Even if they do have disagreements, they try to reach a separation agreement before going to court.
Divorces are mainly two types, contested divorce and uncontested divorce. Many couples now choose uncontested divorce or no-fault divorce to separate their ways. By getting divorce in an uncontested way, they can end their marriage in a dignified and somber manner. However, uncontested divorce is more suitable for those couples who have no children, marital property, or joint debts.
Couples with children can have uncontested divorce if they have no disagreements over child custody and child support. Likewise, in financial matters also, if the couples are able to reach an agreement regarding distribution of properties, they can have uncontested divorce.
Contested divorce takes place when couples cannot resolve divorce-related problems associated with child custody, distribution of marital property, and payment of joint debts by themselves. They may have strong disagreements over how to deal with these issues. Obviously, these couples need the help of a legal establishment to make a final decision on these mattes.
However, divorce proceedings in a court can be very expensive and also requires lot of time. Couples with disagreements can also have uncontested divorce if they can enter into a separation agreement. Marital separation agreement is a private contract written between two parting couples to decide over issues like child custody, visitations rights, child support, alimony, and division of marital property. This agreement can be drawn even when the couples are living together.
Separation agreement also governs the future relationship between ex-spouses. A healthy and working relationship between co-parents is very much necessary for emotional, social, and physical wellbeing of children. Couples can divorce themselves, but they cannot divorce their children. It is the duty of both parents to share responsibilities for care and upbringing of their children.
Both couples can seek help of lawyers to draft the separation agreement. While negotiating the provisions of the agreement, the couples should bear in mind the importance of this agreement in their future lives and also of their children. They have to submit the agreement before the court along with their divorce petition.
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