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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 07-13-2020, 01:20 PM
Elomelo8387 Elomelo8387 is offline
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Smile Points for Separation Agreement

What are some points you are glad you put in your SA or wished you had put in? I am sure this topic has been discussed so any attachment to threads appreciated. I would like to have as much detail as possible and avoid future vague interpretation issues.
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Old 07-13-2020, 09:08 PM
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Janus Janus is offline
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Generally speaking, the more specific the better.

Bad: Father will have half of the summer

Better: Father will choose four of the 8 weeks of summer.

Even better: Summer will consist of 8 weeks, starting the Sunday after the last day of school. The father will pick 4 of those 8 weeks by April 1st of that year, with the condition that at most 2 of the weeks can be consecutive. If the father fails to choose by April 1st, then the mother has until May 1st to choose.

Even better: (last paragraph) + weeks start on Sunday at 11am. The parent that is picking up the kids will be the one responsible for transportation. If the mother does not choose her dates by May 1st, then weeks will alternate starting with the father in odd years and starting with the mother in even years.

Also, assuming you are going for shared custody, then I strongly recommend the 5522 parenting schedule.
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Old 07-14-2020, 07:59 AM
canthisberight canthisberight is offline
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Default A few..

1.. that health insurance would continue as long as my employer offered it
2. If he cohabits with someone for 9 months, I am no longer required to pay support
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Old 07-14-2020, 12:29 PM
Tbaga Tbaga is offline
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Quote:
Originally Posted by Elomelo8387 View Post
What are some points you are glad you put in your SA or wished you had put in? I am sure this topic has been discussed so any attachment to threads appreciated. I would like to have as much detail as possible and avoid future vague interpretation issues.
Here are what I think the most important steps to follow.

1. When writing terms of agreement always ask the question how these terms will hold up when challenged in the Court.

2. Spousal terms of agreement must be detailed, fair and most importantly follow the divorce act and family law act very closely. Clauses or paragraphs in separation agreement must follow the relevant sections in both Acts. To have your lawyer getting the best "deal" for the client, while not observing fairness will result in the terms of agreement easily challenged in the future, and courts setting the agreement aside.

2. When writing the terms of child custody and support always link to the best interests of the children principle. That is always the winner in courts no matter what arrangement was agreed on.
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Old 07-16-2020, 10:24 AM
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Originally Posted by canthisberight View Post
1.. that health insurance would continue as long as my employer offered it
2. If he cohabits with someone for 9 months, I am no longer required to pay support
Both of those clauses seem to be wildly unenforceable or pointless.

1) Generally speaking, extending health insurance to an ex spouse once you are divorced is illegal. The party with insurance could just call up the company and innocently ask "so, I'm divorced now, how do I keep my ex insured?". Bam, ex is no longer insured, because "employer no longer offered it".

2) How on earth would you prove cohabitation? "I'm living with this girl, but she is just renting a room. We definitely absolutely do not have sex anywhere in said house". I guess you could break in to hide a camera in the house to record the sexual interactions, but at that point paying support might be the least of your problems.

Also, depends on the kind of support. If support is compensatory (which the vast majority is) then cohabitation is utterly irrelevant.
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Old 07-20-2020, 09:13 AM
canthisberight canthisberight is offline
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Default We did know about the health insurance part..

Hence why I have no plans to do anything in terms of a divorce for 2 more years as he will then be 65.

The co-habitation part? Interesting, as he rents a house...if he moves in with someone...I don't know and have learned to live one day at a time, with regards to all of this
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