how can you force a separation agreement?

[AnarX]

After one spouse declares an intent to end a marriage with children, is there a legal expectation or obligation to commit to a separation agreement in a timely fashion?


My wife wanted the divorce but she is not that keen to make any commitment to a separation agreement. Does the law protect me from being stuck in marital limbo forever?


I have put before my wife a draft agreement that includes everything she asked and left her to get independent legal advice. Understandably I have to wait and I can not coerce her but she is a procrastinator.


Her first meeting with a lawyer is scheduled for two weeks from now. She asked for the divorce several months ago. That is not a long time but I just do not want to find myself at the end of our one-year separation without any certainty of our financial future while simultaneously being obligated to support my wife under the same roof.


What are the best steps that I may take to lead ourselves to a diplomatic resolution?

[billiechic]

It's called court. If you can't agree, and you've exhausted your options or she refuses to negotiate anything, you have to take it to court.

[NBDad]

After you've been separated for 90 days, file the RC65 form with CRA to cement the date of separation.

Then go and hire an attorney and draft a separation agreement that deals with the marital assets, custody/access and support.

Stick a response required by date on it, and ensure it's sent WITHOUT PREJUDICE (I think that is the one that means it can't be used against you in court)

If she doesn't respond by the date, direct the lawyer to proceed directly to a motion.