04/06/2023
Fabio Cinel Legal Services Professional Corporation 705-626-6475
LEGAL TIP OF THE DAY
Distracted driving offences.
If you or someone you know gets charged with a handheld device/distracted driving, please consult with a legal professional/lawyer to find out your options and legal remedies to avoid loss of driving privileges, high fines, and demerit points.
Legal Tip of the Day - Separation Agreements
Fabio Cinel Legal Services Professional Corporation 705-626-6475
SEPARATION AGREEMENTS - TO NOTARIZE OR NOT TO NOTARIZE THAT IS THE QUESTION
Spring is just around the corner, and as we exit out of what seemed to be a never ending winter here in Northern Ontario, with the emergence of nicer weather, warmer temperatures, and hopefully sunnier days, so does the shedding the clothing of the cooler days, and regrettably the shedding of not so hot relationships.
On that note, it seems to me that with spring and the awakening of the dormant flowers, it also seems to come the end of many existing relationships, in exchange for newer and blossoming relationships. Sadly what often follows are the separations of spouses (married or common-law).
Often I get asked, “do Separation Agreements need to be Notarized”?
First of all, what is a Notary, and what are the kind of services that Notary Publics provide you may ask?
Notaries are approved and appointed by the Ministry, and by virtue of our legal profession, Lawyers and Licenced Paralegals upon filing the appropriate Application are authorized to become Notaries provided that their licence remains in good standing.
The Notary’s function can be one of three services:
Witness /verify identity of the individual and his/herthe signature to a document and place it under the Notary’s seal;
Authenticate and verify that a document is a true copy to the original document which has been physically observed by the Notary (again is sealed under the Notary’s seal);
Witness and commission the signature of a deponent to an Affidavit, a Declaration, or Statutory Declaration verifying the identity of the individual signing the document, and that the person either Affirms/Swears/Declares that the contents of the document are true and accurate, understanding that it is a criminal offence to do so if the contents are not true and accurate;
Having said that, a Separation Agreement need not neccesarily be notarized, however, it is recommended that a Separation Agreement be reviewed and witnessed by a Family Law lawyer or a registered Family Law mediator.
Often Family Law lawyers/mediators will provide what is referred to as “Independent Legal Advice”, and this can be a vital and important part of the separation process to ensure that an individual’s rights and interests are explained and protected.
Licenced Paralegals currently are not permitted to give advice or opinions or even guidance on Separation Agreements as it is not within our scope of practice.
In conclusion, although a Notary can witness a signature to a Separation Agreement, ultimately all the Notary is essentially doing is verifying the identity of that the person signing the Agreement, however, having it reviewed and explained by a Family Law
lawyer or a registered mediator could reduce the risk of the Agreement being challenged in Court in the future.
Please consult with a licenced Family Law lawyer or registered mediators on the necessity and advantages in having a Separation Agreement prepared and reviewed.
Just as we hope the seasons transition smoothly, so do we hope that with the assistance of legal professionals assists with the smoother transition of relationships.
Previous Tip on Accidents
If you get into a motor vehicle collision, and ultimately get charged with a Criminal or Regulatory offence, please contact a legal professional for advice and guidance prior to taking any action.
"Getting into an accident is no fun. But how do you report it?
It happens. You're driving and without notice, a collision happens between you and another driver. What do you do? One might say to call the police, but before you do that, see if the situation has any of the following:
Anyone has been killed or injured
The damage to all the vehicles involved appears to exceed $2000
Any driver involved appears to be intoxicated or under the influence of drugs
In these situations, you should call emergency services immediately by dialling 911. If you notice the damages are below $2000 and hold no life-threatening circumstances, on-site police presence is not required. However, you will need to report it, or you risk being charged with a several offences."
