Filing Separation Agreement with Court Ontario: A Step-by-Step Guide
If you and your spouse have decided to go your separate ways, it is important to create a separation agreement that outlines the terms of your separation. This agreement can cover a range of topics, including division of assets and debts, child custody and support, spousal support, and more. Once you have finalized your separation agreement, you will need to file it with the court in Ontario to make it legally binding. Here is a step-by-step guide to filing separation agreement with court Ontario.
Step 1: Review Your Separation Agreement
Before filing your separation agreement with the court, ensure that the agreement is final and complete. Make sure you have included all the relevant details and provisions. Check that both you and your spouse have signed the agreement and that it has been witnessed by an impartial third party.
Step 2: Choose the Right Court
In Ontario, you will need to file your separation agreement with the Superior Court of Justice. You will need to file your documents in the jurisdiction where you or your spouse lives.
Step 3: Fill Out the Appropriate Forms
In Ontario, there are two forms that you will need to fill out to file your separation agreement with the court. These forms are Form 8A – Application (Divorce) and Form 36 – Affidavit for Divorce. If you are not filing for divorce, you can skip Form 8A.
Step 4: File Your Forms
Once you have completed your forms, you will need to file them with the court. There is a filing fee of $167 for Form 8A and $15 for Form 36.
Step 5: Serve Your Spouse
Once you have filed your forms, you will need to serve a copy of your separation agreement on your spouse. You can do this by mail or by having a process server or a friend serve it in person. You will need to file an affidavit of service to show that your spouse has received a copy of the agreement.
Step 6: Wait for a Response
After you have served your spouse, they will have a chance to respond. If they agree to the terms of the separation agreement, they can sign an affidavit of execution. If they do not agree, they can file a response with the court.
Step 7: Get a Court Date
If your spouse agrees to the terms of the separation agreement, you can schedule a court date to have the agreement approved by a judge. If your spouse files a response, you may need to attend a hearing to resolve any disagreements.
Step 8: Attend Court
On the day of your court appearance, you and your spouse will need to attend court to have the agreement approved by a judge. If the judge is satisfied that the agreement is fair and reasonable, they will make an order that the agreement is binding.
In conclusion, filing a separation agreement with the court in Ontario can be a complex process, but following these steps will ensure that your agreement is legally binding. If you need assistance with this process, consider consulting with a lawyer or seeking professional advice.