Wont agree to separate?

[houseycat]

My common law partner and I are separated, in the sense we are no longer in a congical relationship. we have both agreed that we need to separate and sign a separation agreement ect. The issue is that I want her to sign something now that states we are separated and she wont. I move in two weeks to winnipeg and she wants to wait till then. what do I do?

[Mess]

What province are you in now? Laws vary somewhat from province to province.

Do you own any property together? Were you renting? Did you each have your own furniture etc? Did you have joint bank accounts or investments or credit cards or loans?

How long were you together?

If there is nothing to split, you would only be concerned with possibility of spousal support. If you both have comparable jobs and incomes, there is nothing to separate.

You should send her an email where you recap the situation, as in "Since we have stopped sleeping together and have ceased to be a couple in any way since May 12 or whenever, blah blah blah".

The email gives you record of the conversation and assuming she doesn't contradict anything you say, it's as valid as anything in court.

Next, go to Canada Revenue website and download the form for marital status change, fill it out and send it in.

If you had anything joint, close it.

If she is on your car insurance, cancel it.

A separation agreement isn't a bad idea to give you peace of mind that nothing will crop up unexpectedly going forward, but it really doesn't mean anything unless you have some joint assets to split or one of you is seeking support.

[Mess]

I went back and reread your other post, so you have children involved and some debt to split, so you certainly need a separation agreement.

No one can force anyone to sign any agreement.

A court can make an order if no agreement can be made.

If she won't sign, she won't sign. If you have reached a tentative agreement on all issues and she simply wants to wait until you are leaving to sign it, there is nothing you can do.

I would be suspicious that she would reneg at the last minute, but there is nothing you can do about this. Until you have an agreement signed and notarized with both of you receiving independant legal advice, you have nothing certain.