When a marriage breaks down, couples in Toronto may choose to separate or divorce. In some cases, the couple may choose to separate first and then decide whether to pursue a divorce. In either case, it is essential to have a legal agreement in place that outlines the terms of the separation or divorce. In Divorce Act, the legal document used to outline the terms of a separation is called a separation agreement, while the legal document used to outline the terms of a divorce is called a divorce order. In this article, we will discuss how a separation agreement differs from a divorce in Toronto.
1. Definition and Purpose
A separation agreement is a legal document that outlines the terms of a separation. The purpose of a separation agreement is to establish the rights and obligations of each party during the separation. This includes issues such as child custody (decision-making responsibility) and support, spousal support, and the division of property and assets. A separation agreement is a private contract between the parties and does not have the force of law. However, if one party fails to comply with the terms of the agreement, the other party can seek enforcement of the agreement through the courts.
A divorce order, on the other hand, is a legal document that formally ends a marriage and outlines the terms of the divorce. The purpose of a divorce order is to establish the legal rights and obligations of each party after the divorce.
2. Legal Status
A separation agreement is a private contract between the parties, and it does not have the force of law. However, the terms of the agreement can be enforced through the courts if necessary. This means that if one party fails to comply with the terms of the agreement, the other party can seek enforcement through the courts.
A divorce order, on the other hand, is a court order and has the force of law. This means that if one party fails to comply with the terms of the divorce order, the other party can seek enforcement through the courts.
3. Issues Addressed
A separation agreement typically addresses a range of issues related to the separation, including child custody and support, spousal support, and the division of property and assets. It may also include provisions for how the parties will communicate during the separation.
A divorce order, on the other hand, only addresses the terms of the divorce, including issues such as the division of property and assets, child custody arrangements and support, and spousal support.
4. Timing
A separation agreement can be negotiated and signed at any time during the marriage or during the separation. It is typically used when a couple has decided to separate but is not ready to pursue a divorce. It can also be used as a temporary agreement while the parties work out the details of the divorce.
A divorce order, on the other hand, is only issued after the parties have been separated for a minimum of one year after completing grounds for divorce. This means that if the parties have not been separated for at least one year, they cannot obtain a divorce order.
5. Process
Negotiating and signing a separation agreement can be done outside of court with the help of a family lawyer or mediator. The process of negotiating a separation agreement is typically less formal and less adversarial than the process of obtaining a divorce order. However, it is still important to have a guide like TCZ Law firm who can provide guidance and ensure that the agreement is fair and equitable.
A divorce order, on the other hand, requires going through the court system. The process for obtaining a divorce order can be lengthy and expensive, and it may require the assistance of TCZ Law. The court will review the terms of the divorce and issue a formal order outlining the terms of the divorce.
In conclusion, while both a separation agreement and a divorce order are legal documents that outline the terms of a separation or divorce in Toronto, they differ in their definition, legal status, issues addressed, timing, and process. It is important to understand these differences and seek the advice of our knowledgeable, TCZ Lawyer Eric Tianchuan Zhao, who can help you navigate the process and ensure that your legal rights are protected.
