If you`re considering separating from your spouse or partner, it`s important to understand the legalities of the process. In Ontario, a common law separation agreement is a document that outlines the terms of separation between two people who have been living together outside of marriage.

Unlike a divorce, a common law separation does not require a court order, but having a written agreement can help both parties ensure that their interests are protected in case of future disputes. Here are some common things to consider when creating a separation agreement in Ontario:

1. Property division

One of the most important aspects of a separation agreement is the division of property. This can include everything from shared possessions to real estate and financial assets. The agreement should outline how these assets will be divided in a fair and equitable manner, taking into account each party`s contributions during the relationship.

2. Child custody and support

If you have children together, determining custody and support can be a sensitive and complex issue. The separation agreement should specify who will have custody of the children and how often they will visit with the other parent. It should also include provisions for child support, outlining the amount and frequency of payments.

3. Spousal support

If one party has been financially dependent on the other during the relationship, spousal support may be necessary. The separation agreement should specify the amount and duration of support payments, as well as any terms for modifications or termination.

4. Insurance and benefits

It`s important to consider how insurance and benefits will be affected by the separation. The agreement should address issues such as health insurance coverage, life insurance policies, and pension or retirement benefits.

5. Dispute resolution

Even with a well-crafted separation agreement, disputes may arise in the future. The agreement should include provisions for dispute resolution, outlining the process for resolving any disputes that cannot be resolved between the parties.

Overall, a common law separation agreement in Ontario can provide both parties with a sense of clarity and security during a difficult time. Working with a qualified legal professional can help ensure that your agreement is legally binding and tailored to meet your specific needs and circumstances.