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Many people searching for a simple divorce agreement are really asking: “What document do we sign to settle everything before the divorce?” In Ontario, that document is usually a separation agreement. Here’s how it fits with a simple divorce.
The divorce itself doesn’t need an agreement
A simple divorce asks the court for one thing: to end the marriage. The court needs your Form 8A application, affidavit for divorce and draft order. It doesn’t require a signed agreement between you and your spouse.
But a divorce order generally doesn’t divide your property or set out detailed support terms. Those issues are settled separately, by agreement or, if you can’t agree, by the court.
What a “simple divorce agreement” usually means
When couples talk about a divorce agreement or settlement agreement, they usually mean a separation agreement: a written contract that records how you’ll handle:
- property and debts, including the matrimonial home, pensions and any equalization payment;
- parenting: decision-making responsibility and parenting time;
- child support under the Federal Child Support Guidelines, plus special expenses; and
- spousal support, or a mutual release.
To be enforceable in Ontario, it must be in writing, signed by both spouses and witnessed. Learn more in what is a separation agreement.
Why it matters for a simple divorce
- If you have children, the judge must be satisfied that reasonable child support is in place. A clear agreement makes that easy to show.
- Property deadlines: an equalization claim generally must be made within two years after the divorce or six years after separation, whichever is earlier. Settling property before you divorce protects both of you.
- Certainty: a written agreement reduces the risk of disputes later.
Simple divorce agreement templates and PDFs
Free templates can help you understand what topics to cover. But they can’t account for your pensions, your home or your children’s needs, and terms that are unclear, unfair or based on incomplete financial disclosure can be set aside later. Read the pros and cons in our separation agreement template guide.
The usual order of events
- Separate and begin the one-year separation period.
- Sign a separation agreement that settles property, parenting and support.
- File a simple (or joint) divorce once you’re ready; you can file before the year is up.
- The judge grants the divorce, which takes effect 31 days later.
How we can help
Easy Path Divorce prepares lawyer-drafted separation agreements for a flat $899 and handles the simple divorce in Ontario itself from $399.
Frequently asked questions
Is a divorce agreement required for a simple divorce in Ontario?
No. The court only needs your divorce application and affidavit. But if you have children, property, debts or support issues, a written separation agreement is strongly recommended.
Is a simple divorce agreement template enough?
Templates can show you what topics to cover, but they can't reflect your specific property, pensions or children, and poorly drafted terms may be unenforceable.
Does the agreement get filed with the divorce?
It doesn't have to be. If you have children, a copy is often attached to or referred to in your affidavit to show the child support arrangements.
Simple Divorce Ontario: Flat-fee simple divorce for Ontario residents, from $399.
Start your simple divorceThis 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.