Separation Agreement

Clear, enforceable agreements—built on full disclosure and independent legal advice—to protect your future.

✓
Domestic contract under the Family Law Act (Ontario)

The Law on Separation Agreements

Requirements

  • Be in writing
  • Be signed by both parties
  • Be witnessed
  • Be based on full financial disclosure and voluntary consent

Courts can set aside if…

  • Fraud, duress, or undue pressure
  • Failure to disclose important financial information
  • An agreement that is extremely unfair at the time of signing
Separation agreements are domestic contracts under Part IV of the Family Law Act (Ontario).

What Can a Separation Agreement Cover?

  • Decision-Making Responsibility & Parenting Time (formerly custody & access)
  • Child Support (including Section 7 special expenses)
  • Spousal Support (amount and duration)
  • Division of Property & Debts
  • Matrimonial Home Rights
  • Life Insurance, Pensions, RRSPs, and Investments
  • Dispute Resolution Methods (e.g., mediation or arbitration clauses)
Note: A separation agreement cannot permanently settle parenting rights in advance if they are not in the child’s best interests. Courts retain authority to make final decisions for children.

The Process

1
Step 1 — Negotiation
Couples may negotiate directly, through lawyers, or with the help of a mediator.
2
Step 2 — Financial Disclosure
Each spouse must provide accurate, complete financial information. Inadequate disclosure is a leading reason why courts set aside agreements.
3
Step 3 — Independent Legal Advice
Each party should have their own lawyer. This ensures the agreement is informed, voluntary, and more likely to be upheld.
4
Step 4 — Drafting & Signing
The agreement is drafted, reviewed by both parties, signed in front of witnesses, and retained for reference.

How We Can Help

Negotiating Agreements — Helping clients reach fair, workable settlements.
Drafting Separation Agreements — Ensuring all issues are clearly addressed.
Independent Legal Advice — Reviewing agreements before signing to confirm rights and obligations.
Enforcing Agreements — Assisting when one party fails to comply.
Challenging Agreements — Representing clients where agreements are unfair or invalid.

Frequently Asked Questions (FAQ)

1. Is a separation agreement legally binding?

Yes, if properly drafted, signed, and witnessed. Courts can enforce the agreement like a court order.

2. Do we need to go to court if we have a separation agreement?

No. A properly made separation agreement allows couples to resolve issues outside of court.

3. Do we both need lawyers?

It is strongly recommended. Independent legal advice protects both parties and increases the likelihood the agreement will stand up in court.

4. Can we change a separation agreement later?

Yes, if both parties agree, or by court order if circumstances change significantly.

5. What if my spouse hides assets during negotiation?

Courts can set aside the agreement if there was failure to disclose financial information.

6. How is a separation agreement different from a divorce?

A separation agreement resolves financial and parenting issues, but it does not legally end a marriage. A divorce requires a court order under the Divorce Act.

Next Steps

A well-prepared separation agreement offers certainty and peace of mind at a difficult time. At GC Legal Support, we ensure your agreement is clear, enforceable, and protects your future.

Contact Us