Parenting & Support
Address decision-making, parenting time, child support and spousal support.
Property & Debt
Clarify division of assets, treatment of debts and financial responsibilities.
Agreements are customized to your family’s needs and circumstances.
Tailored Terms
Clear Process
Guidance from consultation through drafting, review and signing.
Conflict Check & Consultation
We first complete a conflict check to confirm that we can act for you and that there are no conflicts of interest. Once cleared, we discuss your circumstances, goals and whether a Separation Agreement is appropriate for your matter.
1
Intake &
Financial Disclosure
You provide key background information, financial details and the issues you want addressed.
2
The Process
3
Strategy Review
We review the legal considerations and discuss options for parenting, support, property and other terms.
We prepare your draft agreement and make reasonable revisions based on your feedback. Up to 5 reasonable revisions are included in the flat fee.
4
Drafting &
Revisions
Once disclosure and terms are finalized, we coordinate signing with you and, where applicable, your spouse or their lawyer.
5
Final Review &
Signing
A Separation Agreement is a written contract between separating spouses that sets out their rights and responsibilities after separation.
It is commonly used to deal with issues such as parenting arrangements, child support, spousal support, property division, debts and other financial matters.
A properly drafted agreement can help provide clarity, reduce conflict and create a practical roadmap going forward.
What Is a Separation Agreement?
When Is It Needed?
When you and your spouse have separated and want to formally record your terms.
When you need to address parenting arrangements, child support or spousal support.
When you want to divide property, allocate debts or deal with equalization issues.
When you want a clear written agreement before moving forward with a divorce.
When you want to reduce uncertainty and avoid future disputes where possible.
Can the agreement be changed later?
Yes. If both parties agree, a Separation Agreement may be amended or replaced by a new written agreement. A properly drafted new agreement can expressly state that it replaces and supersedes all previous separation agreements between the parties. To be enforceable in Ontario, an amendment or replacement agreement must be in writing, signed by both parties and witnessed.
Do I need a Separation Agreement before getting divorced?
Not every separating couple is required to have a Separation Agreement. However, when children are involved, an agreement can be especially helpful because it clearly records parenting arrangements, decision-making responsibility, parenting time and child support. Before granting a divorce, the court must be satisfied that reasonable arrangements have been made for the children’s financial support, which is one reason many couples resolve and document these issues in a Separation Agreement before or alongside the divorce process.
Can a Separation Agreement deal with child and spousal support?
Yes. A Separation Agreement can address child support, spousal support, parenting arrangements and many related issues, depending on the circumstances.
Do both parties need separate lawyers?
Yes. Each party should receive independent legal advice before signing. If we prepare the agreement for one party, the other party should speak with their own lawyer for independent legal advice.
Frequently Asked Questions
Is a Separation Agreement legally binding?
A properly prepared Separation Agreement that is in writing, signed and witnessed is generally intended to be legally binding and enforceable. However, no lawyer can guarantee that an agreement will never be challenged or set aside by a court. Factors such as incomplete financial disclosure, a party not fully understanding the agreement, pressure or other contract-law concerns may affect enforceability. Careful drafting, full disclosure and independent legal advice can help reduce the risk of a future challenge.
Reducing the Risk of Future Challenges
No lawyer can guarantee that a Separation Agreement will never be challenged in court. However, careful drafting and proper process can help reduce risk. We recommend full and honest financial disclosure, adequate time before signing, and Independent Legal Advice for the other party. Agreements signed under pressure, based on incomplete information, or without proper understanding are more vulnerable to challenge.