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Separation Agreement vs Divorce in Ontario: What's the Difference?

Separation agreements · 6 min read · Updated October 5, 2026

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.

“Separation” and “divorce” are often used interchangeably, but in Ontario they’re very different things. Understanding the difference helps you decide what you actually need.

What is a separation agreement?

A separation agreement is a private written contract between spouses who have separated. It settles practical issues: property and debts, parenting, child support and spousal support. It must be in writing, signed by both spouses and witnessed. Both married and common-law couples can use one. More detail: what is a separation agreement?

What is a divorce?

A divorce is a court order from the Ontario Superior Court of Justice that legally ends a marriage, under the federal Divorce Act. Only married couples divorce. The usual ground is one year of separation, and the divorce takes effect 31 days after the order.

Key differences

Separation agreement Divorce
What it is Private contract Court order
What it does Settles property, parenting and support Legally ends the marriage
Who can use it Married and common-law couples Married couples only
Waiting period None One year of separation (usual ground)
Allows remarriage? No Yes
Filed with court? Not required Yes

Do you need a separation agreement before divorce?

Not legally, but often it’s wise:

  • A divorce order generally doesn’t divide property or set detailed support terms.
  • If you have children, the court must be satisfied that reasonable child support is in place before granting the divorce. A clear agreement makes that easy.
  • Property claims have deadlines: generally two years after the divorce or six years after separation, whichever is earlier.

Divorce without a separation agreement

You can get divorced without a separation agreement if, for example:

  • you have no children,
  • you have no significant shared property or debts, and
  • neither of you is claiming support.

Even then, a short written agreement can prevent misunderstandings later.

The usual sequence

  1. Separate.
  2. Sign a separation agreement (any time after separating).
  3. File for divorce. You can file before the one-year mark, but it’s granted only after a year of separation.
  4. Divorce takes effect 31 days after the order.

How we help with both

Learn more about getting a simple divorce in Ontario.

Frequently asked questions

Can you get a divorce without a separation agreement in Ontario?

Yes. A divorce only requires one year of separation and the right paperwork. But property, support and parenting are not settled by the divorce itself unless you agree or a court decides them.

Does a separation agreement end a marriage?

No. Only a divorce order from the court legally ends a marriage. A separation agreement settles the issues between you.

Should we sign the separation agreement or file the divorce first?

Usually the separation agreement comes first. It can be signed any time after separating, while the divorce can't be granted until you've been separated for a year.

Separation Agreement Ontario: A lawyer-drafted separation agreement for a flat $899 + HST.

Get your separation agreement drafted

This 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.

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