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After learning what the law says, what you can get and what you need to do if you separate or divorce, you and your partner can try to agree on your family law issues without going to court. You can also tell what happens if one of you doesn`t follow your agreement. For example, your agreement might say that you and your partner should first try to mediate or coordinate parents in order to develop your problems before going to court. If so, below are important facts and information about separations in Canada. We will clarify some common misunderstandings about separations, and then help you understand exactly what a separation agreement is and what it should cover. To file a divorce application, fill out the forms for your province or territory. If you have a lawyer, he will fill out the forms for you and will be responsible for processing the divorce. You can get forms in state bookstores, some private bookstores and, in some cases, on the Internet. In some legal systems, judicial offices and information centres provide forms. If you are not legally married, the divorce does not apply to you. However, you can continue to negotiate a separation agreement or apply to the court, in accordance with the laws of your province or territory, to establish custody, access, custody and other agreements. Common law spouses have fewer rights in separation than married couples. If you are a common law couple (living together), no matter how long you have lived together, in Ontario you are not legally considered „married“ so you do not need a divorce in Ontario.

You can make an informal agreement with your spouse. However, if a party decides not to comply with the agreement, you will not have legal protection. You don`t have to wait for you and your partner to agree on everything before entering into a separation agreement. You can agree on the things you agree on while you work on other topics. Couples who both yearn for divorce and who fully agree on everything, including the division of the family patrimony that has custody of the children and the amount of assistance paid to children and spouses, may eventually conclude their divorce without a lawyer. In most parts of the province, there are agents who can help you complete the documents when needed. Standard forms and samples can also be obtained online.