Separation Agreement

What is a Separation Agreement?

A separation agreement is a written contract between spouses/partners who are separating that outlines how issues such as property division, support, and parenting arrangements will be resolved.

In Ontario, a separation agreement is legally binding if properly signed and witnessed. However, matters relating to child custody (decision-making responsibility) and child support are always subject to the court’s oversight. The court will decide based on the best interests of the child and may set aside any part of the agreement that does not reflect those interests.

It is strongly recommended that each party obtain independent legal advice before signing the agreement to ensure their rights are fully protected. Full and honest financial disclosure by both parties is essential for the agreement to be valid and enforceable. The agreement should clearly outline each party’s responsibilities, timelines, and any conditions for future modifications. In case of disputes, the agreement may include provisions for mediation or alternative dispute resolution. Once finalized, the separation agreement serves as a comprehensive reference for both parties moving forward.