Looking for help? Easy Path Divorce offers flat-fee services for separation agreement in Ontario. A lawyer-drafted separation agreement for a flat $899 + HST.
Life changes after separation: incomes rise and fall, children grow, people move. So can a separation agreement be changed in Ontario? Yes, in several ways.
Option 1: Change it by agreement
The simplest way to change a separation agreement is for both spouses to agree on the change and sign an amending agreement. Like the original, it must be:
- in writing,
- signed by both spouses, and
- witnessed.
A good amending agreement clearly states which clauses change, what replaces them, and that everything else remains in effect. Both spouses should consider independent legal advice again.
Option 2: Built-in review clauses
Many agreements include review clauses, for example reviewing spousal support after a set number of years, or updating child support each year based on income. If your agreement has one, follow the process it sets out.
Option 3: Ask a court
If you can’t agree, a court may be able to change or set aside parts of the agreement.
Setting aside the agreement: a court can set aside all or part of a separation agreement if, for example:
- a spouse failed to disclose significant assets or debts;
- a spouse didn’t understand the nature or consequences of the agreement; or
- other grounds under contract law apply, such as duress or unconscionability.
Child support: courts can review child support when circumstances change, and can override terms that are unreasonable under the Federal Child Support Guidelines.
Parenting: parenting arrangements can be changed if it’s in the children’s best interests.
Spousal support: courts give significant weight to spousal support terms that were negotiated fairly, especially final releases, but may intervene in limited circumstances. This area is complex; get advice.
Can a separation agreement be overturned?
It’s possible but not easy, especially if the agreement was properly drafted, based on full disclosure, and both spouses had independent legal advice. That’s the best reason to get the original agreement right. See can you write your own separation agreement?
What doesn’t change automatically
- Reconciling may affect the agreement; get advice about its status.
- Getting divorced doesn’t cancel a separation agreement; it usually continues to govern your arrangements.
Need an agreement drafted or amended?
Easy Path Divorce drafts clear separation agreements in Ontario for a flat $899 plus HST. If you need an existing agreement amended, contact us for a quote.
Frequently asked questions
How do you amend a separation agreement in Ontario?
Both spouses sign a written amending agreement, witnessed, just like the original. It should clearly state which terms change and confirm that the rest stays in effect.
Can a separation agreement be overturned in Ontario?
A court can set aside all or part of an agreement in some situations, such as failure to disclose significant assets or debts, a spouse not understanding the agreement, or other grounds recognized in contract law.
Can child support in a separation agreement be changed?
Yes. Child support can be reviewed if circumstances change, such as a significant change in income, and a court can override child support terms that are unreasonable under the Guidelines.
Separation Agreement Ontario: A lawyer-drafted separation agreement for a flat $899 + HST.
Get your separation agreement draftedThis article is general legal information for Ontario residents, not legal advice about your situation. Laws, court forms and fees change; contact us to confirm how they apply to you.