Is a separation agreement still necessary?

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I have a detailed final court order that clearly states that ALL property issues has been settled by equalization payment. It also clearly defines that we will have joint custody of our kids and spells out our parenting plan pattern. It was duly endorsed by a judge. We are now heading for divorce. Is a separation agreement still necessary? We have been separated for 2 years now and all these while we were governed by an interim order that has now been made a final order after our equalization was settled. Do I still need a separation agreement?

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Andrew J. Kania, LL.B., LL.M.

9 years ago

You probably do not need a Separation Agreement, unless of course there are matters that still need to be determined that were not encompassed within the Final Court Order. I cannot provide you with a definitive answer without first reading the Final Court Order and having a discussion with you. If you wish to e-mail the Final Court Order to me I am prepared to read it and then discuss it with you, as part of a free consultation. You are welcome to call me at 877-668-9386.

(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Douglas Briand for a free consultation).

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