Common law separation agreement. Who are qualified to be witnesses? Ontario. None. Nothing

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Customer: Common law separation agreement. Who are qualified to be witnesses?
JA: What province is the witnesses in? It matters because laws vary by location.
Customer: Ontario
JA: What steps has the witnesses taken so far?
Customer: none
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: nothing

Answered by Joey in 28 mins 1 year ago

Joey

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Joey

14356 Satisfied customers

10+ years of experience

Joey

10+ years of experience

14356 Satisfied customers

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Customer

Need legal advice for common law separation in Ontario Canada

Joey, Expert

Hi and thank you for using JustAnswer. My name is ***** ***** I will be assisting you with your question.

Just a general disclaimer that this conversation is for informational purposes only. I am licensed lawyer; however, you would need to retain a lawyer to take any legal action and/or preserve any of your legal rights. I may be away from my desk from time to time, but rest assured I will always return back as soon as possible.

Joey, Expert

Good morning – can you please tell me what has happened so far and your legal question?

Customer

My common law spouse and I are separating

Customer

We drafted up ourselves a separation agreement

Customer

It required witnesses

Customer

Can parents be witness or do you need a government official?

Joey, Expert

It can be the parents.

Customer

Now, can she claim duress later on if she signs

Joey, Expert

If someone forced her to sign it, yes.

Customer

How can it be proven that she was not forced? what method must be taken to ensure that when she sign it was not forced?

Joey, Expert

She should receive independent legal advice before signing and attaching a copy of a certificate confirming same to the agreement. The agreement should be signed in the presence of her lawyer.

Customer

Is this the only way? She doesn't want to get a lawyer involved

Customer

Or the courts

Joey, Expert

If you want to reduce the chances of her later arguing that she was forced to sign this, then a lawyer should get involved.

Customer

I see

Joey, Expert

Otherwise the risk will always remain that she could later argue that the agreement should be set aside for any number of reasons.

Customer

Another question. The separation agreement does it need to be filed with the government after it is signed?

Customer

Does it have to be filed some place?

Joey, Expert

You don’t have to, but if you want it to be enforced you do.

Customer

If it was filed, does that mean it must go through the courts?

Joey, Expert

Here is a link with more information on filing it: https://familycourt.cleo.on.ca/en/file-your-separation-agreement-court

Joey, Expert

Does that help answer your question today or did you have any follow up questions?

Customer

If I file the separation agreement can the courts overturn our initial agreement as signed?

Joey, Expert

If there was duress, unfairness, confusion, one party was not given legal representation, to name a few examples, yes it can be overturned. To reduce that risk, each party should receive independent legal advice before signing and attaching a copy of a certificate confirming same to the agreement. The agreement should be signed in the presence of a lawyer.

Customer

Okay

Customer

Question concerning transfer of custody

Customer

She wants to transfer sole custody to me

Customer

What is required

Customer

Custody of the children

Joey, Expert

A signed agreement confirming this arrangement.

Customer

Concerning the CRA file what must be done there. She has sole custody at this time.

Joey, Expert

Send a letter to CRA confirming the custody change agreement or call 1-***-***-****.

Customer

Okay thank you

Joey, Expert

Does that help answer your question this morning?

Customer

thank

Joey, Expert

Thank you for using JustAnswer. I wish you the best of luck. If you have any follow up questions about this matter, please do not hesitate to reach out to me.

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