Make Your Own Separation Agreement Ontario

Do it Yourself Separation Agreements is Risky

When you are Searching online for “Do it Yourself Separation Agreement” or “Make Your Own Separation Agreement Ontario” you will get multiple results with offers such as Free Separation Agreement or download Separation Agreement Templates or Samples. 

The Most important question you need to ask is if you make your own Separation Agreement then whether the such an Agreement will stand in Court? 

Will the Separation Agreement prepared by you with limited Legal Knowledge has is legally binding and enforceable in the eyes of Law.

Do it Yourself Separation Agreement kit with online downloadable forms is generic in nature. The titles online will entice you to download Free Separation Agreement form but unfortunately, most of them are not in conformity with Ontario Laws, even if the sample agreement has a clause that the Laws of Ontario would apply. Mostly likely the instructions guide will direct you to review Ontario Laws. 

It is also important to note that if you have decided to DIY a Separation Agreement then you should get a Lawyer to review it and provide his/her Certificate of Independent Legal Advice. 

Many lawyers will not give you an Independent Legal Advice (ILA) certificate if the document is poorly drafted.

We can suggest that you use Self-Counsel publication on “Ontario Separation Agreements” which could be helpful as opposed to downloading free templates online. 

This book can be purchased from any Staples store for a reasonable price. If you are adamant to do it yourself Separation Agreement then we suggest you use Self-Counsel publication as a guide to get started.

CASE LAW 

It has been held in the case of Gallacher v. Friesen (2014), 319 O.A.C. 351 (CA)  that the purposes of section 55(1) of the Family Law Act is to ensure that the Separation Agreement is executed by the parties, it is free from undue, influence, coercion or duress.  It was said in this case that the purposes of Section 55(1) of the Family Law Act are to avoid “Kitchen Table” Agreements, in other words, Do it Yourself Separation Agreement.