Legal Question in Family Law in Canada

My common-law spouse and I are separating. We own a home together plus my name is on the mortgage and line of credit. We have agreed that in exchange for my name being removed from all of the above He will give $30,000.00. I have two children from a previous marriage. We do not a separation agreement. We are amicable. He has gone to the bank and arranged everything. The notaray public contacted him to tell him that they have all the papers ready but because there is a release of money (He is having the line of credit increased to get the money) and because there are children we need to have a separation agreement. He was told that we can draft it ourselves and he can bring it in and have it notarized along with the other documents.I then have to take it all to my own notary and have it notarized. Is this correct and if it is what will it cost me.


Asked on 8/08/09, 11:21 pm

1 Answer from Attorneys
Donald McLeod Donald R. McLeod Law Corp.

You can draft your own separation agreement, but is generally not very smart to do so, because there are numerous things you will not be aware of. For example, some people think that they are able to agree not to ask for or accept child support from the step-father for the children from a previous marriage (or even from a biological father) in return for an asset division. You may not do so; child support is a right of the child, not the parent, and a term in a separation agreement that bargains away that right is void. The step-parent can be pursued for child support in the future, and the separation agreement is no bar to that. A separation agreement does not need to be notarized and doing so does not make it more enforceable than if it is not notarized. Notaries Public are not legally competent to give advice regarding separation agreements. If one does so, he or she is committing an offence. As to the cost of having a separatin agreement properly drawn up and obtainign proper legal advice, that is up to the lawyer you consult; fees charged by lawyers vary widely. Drawing up your own agreement is like removing your own appendix - it has been done, but there are almost always guaranteed complications which are very costly to fix.

Read more
Answered on 8/09/09, 11:19 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Canada