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.
Common-law couples make up a large share of Ontario families, but their rights when they separate are different from married couples’. That makes a common-law separation agreement especially important.
Common-law vs married: the key differences
| Issue | Married spouses | Common-law partners (Ontario) |
|---|---|---|
| Divorce needed? | Yes | No |
| Property division | Equalization of net family property | Generally by ownership; possible unjust enrichment claims |
| Matrimonial home rights | Special rights for both spouses | Don’t apply |
| Spousal support | Available | Available if you lived together 3+ years, or had a child in a relationship of some permanence |
| Child support | Yes | Yes, exactly the same |
| Parenting | Best interests of the child | Best interests of the child |
Why a separation agreement matters more for common-law couples
Because common-law partners don’t divorce, there’s no court process that automatically wraps things up. The separation agreement is often the only document that formally settles:
- who keeps the home and other property;
- how shared debts are handled;
- parenting and child support; and
- whether spousal support is paid or released.
Without one, disputes over property can turn into complex court claims based on ownership and unjust enrichment.
What to include in a common-law separation agreement
- Date you began living together, and date of separation.
- Property: who keeps what, especially jointly owned property or property one partner contributed to.
- The home: whether it’s sold or transferred, and who pays costs in the meantime.
- Debts: responsibility for joint and individual debts.
- Parenting: decision-making responsibility and parenting time.
- Child support: based on the Federal Child Support Guidelines.
- Spousal support: amount and duration, or a release.
- Financial disclosure and independent legal advice clauses.
Read the full structure in our separation agreement template guide.
Making it legally binding
The same rules apply as for married couples: the agreement must be in writing, signed by both partners and witnessed. Full financial disclosure and independent legal advice make it much harder to challenge.
Watch the time limits
Some family law claims, including certain property claims, are subject to time limits that start running when you separate. Don’t wait too long to settle things or get advice about your rights.
Cohabitation agreement vs separation agreement
A cohabitation agreement is signed while you live together (or before), setting out what happens if you separate. A separation agreement is signed after you separate. If you already have a cohabitation agreement, your separation agreement should be consistent with it.
Get your common-law separation agreement drafted
Easy Path Divorce drafts lawyer-prepared separation agreements in Ontario for common-law and married couples for a flat $899 plus HST.
Frequently asked questions
Do common-law partners need a separation agreement in Ontario?
It isn't required, but it's strongly recommended if you have children, shared property, debts or a possible support claim. Since common-law partners don't divorce, the agreement is often the main document that settles everything.
Do common-law partners split property 50/50 in Ontario?
No. Ontario's equalization rules apply only to married spouses. Common-law property generally belongs to whoever owns it, although claims such as unjust enrichment can sometimes give a partner a share.
When can a common-law partner claim spousal support in Ontario?
Generally if you lived together continuously for at least three years, or were in a relationship of some permanence and had a child together.
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.