Hi all,
To cut a long and terribly tedious story short I'm undergoing a separation with my wife. We've been living apart for almost a year now.
We have a 3 year old child. She earns half my salary and has been living in our marital home for over a year (I've taken care of all bills/mortgage essentially). I have no issues or gripes with this. So far things have been fairly amicable and uncontested between us. We are both in agreement on the larger issues i.e. joint custody and she wants to buy the property from me (again, have no issues with this).
I have to the best of my rather limited knowledge of Canadian family law prepared quite a thorough Separation Agreement very loosely based on one of those beloved and commendable separation kits. Though the templates (in the kit) have been cannibalized beyond recognition.
Wife has had her lawyer go over the agreement and after a few largely minor changes is I believe somewhat content with it.
I am almost tempted to sign and have it over and done with though a part of me wants a family lawyer proof read it and ensure that I'm not omitting anything noteworthy. I have no issues retaining a lawyer for an hour or two to do this.
Question, I trust the separation agreement can be used as the basis of a divorce filing and is a legally binding and enforceable document?!? Hopefully this should not occur but how can it be enforced in future if I believe wife is in breach?!?
Thanks in advance for any opinions.
To cut a long and terribly tedious story short I'm undergoing a separation with my wife. We've been living apart for almost a year now.
We have a 3 year old child. She earns half my salary and has been living in our marital home for over a year (I've taken care of all bills/mortgage essentially). I have no issues or gripes with this. So far things have been fairly amicable and uncontested between us. We are both in agreement on the larger issues i.e. joint custody and she wants to buy the property from me (again, have no issues with this).
I have to the best of my rather limited knowledge of Canadian family law prepared quite a thorough Separation Agreement very loosely based on one of those beloved and commendable separation kits. Though the templates (in the kit) have been cannibalized beyond recognition.
Wife has had her lawyer go over the agreement and after a few largely minor changes is I believe somewhat content with it.
I am almost tempted to sign and have it over and done with though a part of me wants a family lawyer proof read it and ensure that I'm not omitting anything noteworthy. I have no issues retaining a lawyer for an hour or two to do this.
Question, I trust the separation agreement can be used as the basis of a divorce filing and is a legally binding and enforceable document?!? Hopefully this should not occur but how can it be enforced in future if I believe wife is in breach?!?
Thanks in advance for any opinions.
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