What is a Separation Agreement?

what is Separation AgreementOften calls are received from people inquiring about getting, or filing for, a "legal separation". There is really no such thing in Canadian law as a legal separation. Instead, what people have heard about is actually called a "Separation Agreement". This is a private contract dealing with all of the important issues between separating married spouses, except a divorce, which requires a court order. It is also the private contract between common law spouses, upon separation, that covers everything, since they do not need a divorce.

The contract must be in writing, and properly witnessed. It sets out each party's rights on issues such as child custody, access, child support, spousal support, and property division. Although it is not legally required that each spouse have a lawyer for a separation agreement, it is strongly advisable that you do, for this simple reason: the courts routinely set aside separation agreements between spouses who did not have independent legal advice provided to them with respect to the contract. In such cases it can far more easily be argued by either party that they did not really understand what they were signing, or that they felt coerced or under duress to do so. Negotiating and finalizing a separation agreement is an extremely important time in your life to retain a lawyer. Do not do this yourself.

living will Vs Advance Directive

Do I need a Living Will

The term “Living Will” is often confused, or used interchangeably, with a Power of Attorney for Personal Care. The two documents are not the same. Another question often asked is: what is the difference between a Living Will, and a Last Will and Testament? Think of it in these terms: when you are alive, powers of

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What is a Will

What is a Will?

A Will, also known as a “Last Will and Testament” is a written, legal document prepared and  signed by a person – called a testator if male, or testatrix if female – stating what happens to their   property, and who manages it, upon their death.  The person managing the property is called the   executor if

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The list is endless. Perhaps the most common is from a car accident. Of course, there are numerous other motorized vehicles speeding around that get into accidents, either on their own, through the negligence of their driver, or the negligence of a driver in another such vehicle: trucks, motorcycles, boats, snowmobiles, to name a few.

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