In everyone’s life, heartbreak is an issue couples must deal with. Going through a divorce can be
challenging for both parties as they have to deal with emotional and physical stress, as there are various intricacies and regulations that they must follow to fulfill a divorce. There are multiple procedures and rules they must follow to finish a divorce. When a spouse separates from their partner, going through court isn’t their only solution for outlining their legal obligations and roles in their partner’s life. Instead, they can opt for a separation agreement, which will clearly outline the conditions and terms for the various intricacies of your separation, such as child custody, support, alimony, spousal support, and property division. While going through this process may be difficult as you are put in a lot of stress, it is something that you are required to go through to complete the divorce fully. While a separation agreement allows the parties to under the obligations of one another, the separation agreement is only sometimes guaranteed to ensure that they’ll comply with these terms. Unfortunately, some cases have shown that violations of separation agreements do occur. When they do, it can cause significant stress, anger, and uncertainty for the spouse affected by the breach. In this guide, it is hoped that you can understand the complexities of what happens if a separation agreement is violated within Ontario and what other options you may opt for to address the issue.

The Meaning of a Separation Agreement:

In Ontario, a separation agreement is outlined as a domestic contract governed by part IV of the Family
Law Act. The purpose of this agreement is to outline the obligations the parties have to one another
clearly, and it typically covers a variety of problems. Parenting Agreements are one of these problems;
this problem includes how the parental decisions for the child are made and how much time the child
will spend with the other parent. How holidays are meant to be shared? Where is the institution in
which the child will learn? What will happen if one of the parents wishes to relocate to an area that may be unreachable for one parent? Another problem is Child support; child support is for children who are unwilling to spend time with one of their parents. The parent who cannot spend much time with their child must follow Child Support guidelines. If the child happens to be spending 40% of their time with both their parents, then the calculations will be determined differently. Parents must also determine if the child needs extraordinary expenses; such expenses include daycare and special needs programs. Spousal support is another issue in which both parties must indicate whether support for the other spouse is required and should be paid. If it is necessary, then how much will it be and for how long? They will also have to outline what circumstances would cause the spousal support to terminate or convert, such as the spousal payer’s job being lost or the recipient getting remarried. Another issue happens to be Property division in which the spouses have to outline an agreement in which they will outline how the familial property will be distributed equally among the two spouses, whether equalization payments will be submitted to the other spouse as a lump sum or paid in installments and when these payments will be submitted. One of the last issues is home ownership, which both parties purchase from their cash; the agreement will have to outline who will maintain the right of the marital home. Sometimes, the best option is to sell the property, as keeping it is not financially feasible for both parties. As a result, the separation agreement must outline proper terms to address how the marital home is handled. These agreements must be in writing, signed by both parties, and witnessed so they are legally binding. Although one lawyer can conduct this document, each party should have their lawyer seeking independent advice, such as advice from a divorce lawyer Mississauga. By doing this, they can fully ensure they are making an informed decision. Once both parents have signed the
agreement, it becomes legally binding for both parties with enforceable terms.

The Violations of a Separation Agreement:

Within Ontario, a separations agreement is treated like any other legally binding contract in that if it is
violated by one party who fails to comply with the terms and conditions outlined, they will have to face
repercussions. Some common examples include being unable to pay spousal or child support when it is
due. If this happens, the spouse meant to consent may become spiteful after a disagreement between
themselves and their partner and decide to withhold the payment as a punishment. Another example is failing to comply with the outlined parenting agreements; this includes decisions such as when the
spouse refuses to allow the child to meet the other parent when it is their turn to spend time with the
child. When this occurs, legal action must be taken to enforce the terms and regain your rights.