Partner does not want to sign a separation agreement document, what can i do?
What can I do if my partner does not want to sign up a separation agreement doc? We have a child and property together but I already said to her that she would keep the house. Regarding to our Son she does not want me access, she is not going to allow me to see my child unless it is inside the house. I have already said to her that we can arrange for custody in her terms cause I don't know what to do but she does not want to sing up the doc accepting the issues that we solved which are: she keeps the house and our marital separation. What can I do?
There are many ways to try to resolve things with your spouse after separation and negotiating a separation agreement is the easiest and most sensible. It often results in the best outcome for everyone. When there are disagreements in the negotiations, you can choose from family mediation, family arbitration and collaborative law, all of which avoid the emotional and financial turmoil that court invariably causes. For more on the options see here Once I have separated do I have to go to court?.
However, to pursue any of those "nice options", both parties have to agree. If one (or both) parties are being difficult and cannot agree to anything you have to go to court. Court is the only process that you can force someone else to use. Due to the resulting safeguards, it is also the most time consuming, most expensive and the one that gives the parties the least control over the outcome. For more on the downsides of court, read The down sides of the court process.
Fortunately, if you have to go to court, you can always go back to negotiation, mediation or arbitration to resolve matters outside of court. Unfortunately, once you are in court, you cannot use collaborative practice.
At my firm, we are experts in both going to court and all the alternatives to court and knowing which option is the best for our clients. That is how I was able to provide so many links above. However, to know what is best for you, you should speak to a lawyer about your options. It also helps to have an objective understanding of each of the options and the law that is going to apply to your circumstances. This $20 easy-to-understand book covers the court process, the alternatives to court and the basics of all the Ontario Family Law that may apply to you Devry Basics of Ontario Family.