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.
A separation agreement is one of the most important documents you’ll sign when a relationship ends. Here’s what it is, what it covers, and when it’s legally binding in Ontario.
Separation agreement definition
A separation agreement is a written contract between two people who have separated, whether married or common-law. It sets out how they’ll handle the practical and financial issues of living apart. In Ontario, it’s a type of “domestic contract” governed by the Family Law Act.
What a separation agreement covers
- Parenting: decision-making responsibility (formerly “custody”) and parenting time (formerly “access”).
- Child support: usually based on the Federal Child Support Guidelines, plus special or extraordinary expenses.
- Spousal support: whether it’s paid, how much and for how long, or a release.
- Property: the matrimonial home, bank accounts, investments, pensions and vehicles.
- Equalization: for married spouses, any equalization payment of net family property.
- Debts: who’s responsible for mortgages, loans and credit cards.
- Other terms: insurance, benefits, taxes and how future disagreements will be handled.
Is a separation agreement legally binding?
Yes, if it meets the Family Law Act requirements: it must be in writing, signed by both people and witnessed. To make it hard to challenge later, both people should:
- give full financial disclosure of significant assets, debts and income;
- sign voluntarily, without pressure; and
- ideally get independent legal advice.
A court can set aside an agreement in certain situations, for example if one spouse hid significant assets or didn’t understand the agreement. A court can also review child support and parenting terms if they don’t serve the children’s best interests.
Who needs a separation agreement?
You should strongly consider one if you have:
- children together;
- a home or other significant property;
- shared debts;
- pensions or investments built up during the relationship; or
- a support obligation, or a support claim you want to release.
Do you need a separation agreement before divorce?
Not legally, but many married couples sign one before filing for divorce. A divorce order generally doesn’t divide property, and if you have children the court must be satisfied that child support is in place. Learn more in separation agreement vs divorce.
When can you sign one?
Any time after you separate. There’s no waiting period. Many couples sign within a few months of separating.
How to get a separation agreement
- Agree on the terms with your spouse, directly or through mediation.
- Exchange financial disclosure.
- Have the agreement drafted clearly and correctly.
- Get independent legal advice (each spouse).
- Sign in front of witnesses.
Considering doing it yourself? Read can you write your own separation agreement? and our template guide.
Get yours drafted
Easy Path Divorce drafts a lawyer-prepared separation agreement in Ontario for a flat $899 plus HST.
Frequently asked questions
Do I need a separation agreement in Ontario?
It isn't legally required, but it is strongly recommended if you have children, shared property, debts or support to sort out. It records your decisions and reduces the risk of future disputes.
Do you need a separation agreement before divorce in Ontario?
No, but many couples sign one first. If you have children, it helps show the court that reasonable child support arrangements are in place.
When does a separation agreement take effect?
When both spouses have signed it in front of witnesses. It does not need to be filed with the court to be valid.
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.