Negotiation and Separation Agreements

Negotiation and Separation Agreements in Oakville

Also Serving Burlington, Mississauga, Milton, and the Surrounding Areas

The majority of family law matters are resolved outside of court. The law in our system is clear, and most often an agreement can be reached between parties who are acting sensibly and willing to follow the law. Settlements outside of court are called “domestic contracts” and the most common version of these are separation agreements.


Separation Agreements

The most basic requirements for a separation agreement to be legally binding it must be in writing, dated, witnessed, and signed. When an agreement does not meet those requirements it is not enforceable pursuant to section 55 of the Family Law Act. However, even where those requirements are met either party can move to “set aside” a domestic contract. This essentially means that the agreement can be ignored by a court, and pursuant to section 56(4) of the Family Law Act it can happen where there is not full disclosure, where one party didn’t understand what they signed, or otherwise pursuant to the law of contract. Because Separation Agreements can potentially be ignored by a court it’s critical that you have a lawyer assist you in preparing them so you can be sure your settlement is legally binding.

Negotiation Lawyers

It’s very important that when you’re operating outside of court that you have a lawyer who knows what they’re doing. In court, the outcome is controlled by the law, and judges will ensure that the result conforms with the law. Outside of court that isn’t the case, and if you don’t have a good lawyer the result could end up being far outside of the law, and what society considers fair. Maybe more than anywhere else when you’re negotiating outside of court you want the best lawyer possible.


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Why Choose Carpenter Family Law

Negotiating outside of court typically involves meeting with your lawyer, providing documentation, and then your lawyer communicating with your ex’s lawyer. In some cases, the parties and their lawyers will all meet together for a “four-way meeting” in an effort to come to a resolution.

We can help you negotiate the best deal possible, and ensure that it happens as quickly and inexpensively as possible. We’ve drafted hundreds of domestic contracts and can make sure that your agreement is the best possible for you and your family.

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