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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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  #1  
Old 01-30-2019, 11:45 AM
glaudeja glaudeja is offline
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Default Making a Separation legal?

So my ex and I have agreed on a separation agreement without going to mediation or lawyers. How do we get that agreement legalized? Can we simply get it notarized and have the court sign off on it?


Any help would be great. Thanks
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Old 01-31-2019, 01:10 PM
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https://www.ottawadivorce.com/steps-negotiation/
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Old 02-03-2019, 11:05 AM
Mom2414 Mom2414 is offline
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We were able to get a legal separation drawn up for under $800.

Find a lawyer you both agree on, attend the meeting together, sign off and be on your merry way.

Its super simple and low cost if youre both aligned on custody and division of property.

Remember lawyer will try to stir the pot to ensure that both parties are aware of their legal entitlements or if something is skewed in your arrangement. Good luck.


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Old 02-03-2019, 12:00 PM
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I think though that if you want the agreement to be enforced (or have the potential to be enforced) by FRO, then it has to be filed with the court. I'm not sure what the procedure is for that, probably not that onerous.
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Old 02-10-2019, 10:55 PM
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Quote:
Find a lawyer you both agree on, attend the meeting together, sign off and be on your merry way.
One lawyer cannot represent two people. If you want certificates of independent legal advice to be signed, you'll need two lawyers. Good lawyers will also require do financial disclosure even if you don't want to, since the lack of financial disclosure can be grounds to set the agreement aside (even if you waive the requirement).

Whether or not you need this level of protection to make it 'legal' really depends on what you agreed to. If you have have settled property (your house), and spousal support issues... then it's probably a better idea. If you have no real property, no assets, and it's just about child support/custody... a lawyer's signature is less important. Mostly because a Judge will care more about the facts than whatever you agreed to anyway.

Separation is a process, not a moment in time. What couples agree to on day 10, they may repudiate on day 100. Changes in life circumstance, moving, new partners, the time it takes to process emotions... all make the effects of separation a moving target.

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I think though that if you want the agreement to be enforced (or have the potential to be enforced) by FRO, then it has to be filed with the court.
You file a form 26B with a copy of the agreement. The court will only enforce support provisions... custody arrangements cannot be 'approved of' in this method.
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Old 02-11-2019, 01:56 PM
Asphenaz Asphenaz is offline
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Quote:
Originally Posted by Kinso View Post
Separation is a process, not a moment in time. What couples agree to on day 10, they may repudiate on day 100. Changes in life circumstance, moving, new partners, the time it takes to process emotions... all make the effects of separation a moving target.
.

Good way to view it, and good point.
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