A separation agreement is a written contract between spouses who are separating. It records how you will divide property and debts, whether support will be paid, and how decisions and time with the children will be shared. A well-drafted agreement can let you settle without a court case.
We draft separation agreements and review ones your spouse or their lawyer has prepared, so you understand what you are giving up before you sign.
What a separation agreement usually covers
- Division of property, including the matrimonial home, savings, pensions and business interests
- Child support and spousal support, including how and when they can be changed
- Decision-making responsibility and parenting time for children
- Debts, insurance, and what happens to the home
- Dispute resolution, such as mediation before going to court
When Ontario courts will uphold it
Under the Family Law Act, a domestic contract must be in writing, signed by both parties and witnessed. A court can set an agreement aside if a party did not disclose significant assets or debts, did not understand what they were signing, or signed under pressure. Terms about children are always open to review if they are not in the child's best interests.
For these reasons each spouse should get their own lawyer and exchange full financial disclosure before signing. We cannot act for both spouses.
Married and common-law couples
Married spouses generally have a right to equalization of net family property. Common-law partners do not have the same property regime under Ontario's Family Law Act, but they can have support and property claims. An agreement spells out what applies to you, which is one reason to get advice early.
Financial disclosure checklist: gather before your first meeting
- Last three years of tax returns and notices of assessment for each spouse
- Recent pay stubs and any bonus, commission or benefits information
- Bank, investment, RRSP, TFSA and pension statements (current and at the date of separation)
- Mortgage statements, property tax bills and any recent appraisal of the home
- Credit card, line of credit and loan statements
- Business financial statements, if either spouse owns a business
- Date of marriage or start of cohabitation, and date of separation
- Children's names, dates of birth, schools and current parenting schedule
Frequently asked questions
Do we have to go to court if we sign a separation agreement?
No. A valid separation agreement can resolve property, support and parenting issues without a court case. If you want a divorce, you still apply to the court, but a signed agreement usually makes that an uncontested process.
Can we use one lawyer for both of us?
No. A lawyer cannot give independent advice to both spouses in a separation. Each spouse should have their own lawyer, and a lawyer's certificate of independent legal advice helps protect the agreement later.
Can a separation agreement be changed later?
Parties can agree in writing to change it. Child support and parenting terms can also be reviewed by a court if circumstances change or the terms are not in the child's best interests.
Last updated: .This page is general information about Ontario law, not legal advice. Every situation is different; speak to a lawyer about yours.