I am in ontario canada. when should i start with the separation agreement. Could this be done from one side. Not in this

Hello... I will be the lawyer assisting you today. I am a licensed Ontario lawyer who can answer your questions about family law

In Ontario, there really isn't a formal separation procedure. Many people opt to do a separation agreement which is very useful to fix the separation date and deal with issues of property division, custody and support but an agreement is not mandatory

Date of separation is basically the date you and your spouse agree you no longer want to be married and start living separate lives. Many people continue to live under one roof when separated but you have to live separate lives while doing this.

You should discuss with your wife when she thinks you "separated" to come to an agreement on the date.

The date of separation is important because you can file for divorce one year after this date.

Do you and your wife have a child support and custody order ?

No , she would have had to give you notice to do so.

In that case, whether or not you have to pay, is up to you and your wife unless your wife goes to court and gets a support and custody order requiring you to pay.

Getting a lawyer to do a separation agreement is a good idea because you and your wife agree on these issues and settle them early on so when you actually file for divorce, the divorce application will incorporate the terms of the agreement.

The court will ask her to prove she served you with the custody and support application before they will deal with it. Service usually means she gave it to you or mailed it to you.

You can ask your wife if she has a custody or support order. It would be to her benefit to tell you because that order means you have to pay the support or she can go after you for it if you don't.

The only legal consequence of doing this may be with respect to tax issues. Canada Revenue Agency may ask you and your ex for proof of separation because some people file tax separately even though they are not, to get tax benefits and more child tax credit.

I have attached a link to the CRA website which lists what it will accept as proof of separation.

https://www.canada.ca/en/revenue-agency/services/child-family-benefits/supporting-documents.html

Yes, if your wife agrees to this because you will have to jointly declare a date of separation on the divorce application

For tax purposes, the April 20th date is also better because you have documentation for that date.

Based on what you have told me, other than being able to file for divorce earlier and perhaps getting more in child tax credits, I cannot think of any other significant financial benefit. However, I would suggest that you can consult with an accountant if you want further details about tax implications of a change in marital status.

You will have to ask CRA about this

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We do not recommend specific lawyers or mediators but I would suggest you call the Law Society of Ontario's Lawyer Referral Service for the name of a family lawyer who does mediation who will give you a free half hour consultation.

The number is(###) ###-####for the GTA or 1(###) ###-#### Monday to Fridays 9 am to 5 pm.

Your lawyer will advise you of who has to be notified or who is affected by your change in marital status.

Your spouse cannot complete a separation agreement without you. Both you and your spouse have to sign it after getting independent legal advice.

Income for the purposes of calculating child and spousal support is the gross income as reported on your income tax return - so you if claim your OSAP as income, it will be included in the calculation

You and your wife have to agree on a separation date. You and your lawyer need to talk to her and her lawyer to figure out what was the actual separation date before you can do a separation agreement. This date is usually when both parties knew they were separated because they started living separate and apart.

The date of separation should be the date you and your spouse decided you no longer wanted to be married and started living separate and apart.

Separation is when both parties understand the marriage has broken down. Lack of marital relationships is one indicator but also you lead separate lives ( ie) don't socialize or spend time together

Do you mean would this lower the amount of spousal support you might have to pay her ?

For an accurate assessment of how much spousal support is payable, it would be better to consult a family lawyer because a detailed financial statement needs to be completed by both you and your spouse in order to do this calculation.

If there is no change in your income between last year and this year, tax assessment for last year should be fine.

Payment arrangements should be agreed upon by you and your spouse and should be clarified in the separation agreement.

E-transfers are acceptable if your spouse is okay with this and you both have a record of payment.

Yes, I would wait