I am interested in creating a separation agreement. We have been "separated" living at the same address for the benefit

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Customer: Hello, I am interested in creating a separation agreement. We have been "separated" living at the same address for the benefit of our only son. However we will be moving to separate addresses on March 1st, 2021. There is no property division, no spousal support-- the main issue is custody of our child. We agree to split custody 50-50 but I want it in writing, a document that is legally binding. Any assistance would be greatly appreciated.
JA: What's the reason for the relocation? How much advance notice has been given?
Customer: My family owns a home/property that has been sold. We have been separated in the sense that the marriage has been over for years-- separate rooms, separate meals, no gifts, &. This has been an inevitability that has been delayed in an attempt to do what is best for my son. However the situation is too volatile to continue.
JA: Has there been any mediation on this issue?
Customer: No.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I am the father who has been the primary caregiver for most of my son's 8 years. His mother went back to work eight weeks after giving birth. I would prefer a lawyer sympathetic to the rights of the father in these situations. Thank you.
Answered by JJL11 in 9 hours 1 year ago
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JJL11
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JJL11
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Jessica

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JJL11, Expert

Hello – My name is ***** ***** I’m happy to assist you today. I am a Canadian lawyer who is able to answer family law questions.

From what you have told me, a separation agreement would be suitable for your situation because you and your ex-spouse are able to agree on custody and access and as you have indicated, it is important to have these arrangements in writing so there is no dispute over the terms of your custody and access arrangements.

You can retain a family lawyer to help you draw up an agreement and your wife can review this agreement with her lawyer because both parties need to get independent legal advise to make sure their interests are protected under the agreement so one lawyer is not able to represent both parties.

Most provinces have a Lawyer Referral Service which is operated by the Law Society of the province which provides a referral to a lawyer who will give you the first half hour of the consultation free of charge.

If you tell me which province you are in, I can give you this information.

Customer
Thank you for the response. I am located in Ontario.
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JJL11, Expert

You are very welcome.

If you want to speak to a lawyer about your case, you can contact the Lawyer Referral Service which is operated by the Law Society of Ontario. You will be given the name of a lawyer whom you contact and who will give you the first half hour of the consultation free of charge. Their number is 1-***-***-**** or ***-***-**** (within the GTA), Monday - Friday, between 9 am - 5 pm.

Thank you for using JustAnswer.

Take care.

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