A good Separation Agreement must include terms on Child Custody, Child Support, Spousal Support, Division of Property, Pension, Dispute Resolution & Divorce, if applicable.

People create a separation agreement to avoid extensive litigation costs. If you can resolve major terms of separation by way of an agreement you can save thousands of dollars in legal costs, which could be better spent on the family rather than in courtrooms.

You can be considered separated while living on the same property. For example, if you move to a separate bedroom or part of the house, such as a basement, then such a move within the home is considered a formal separation. You can record your separation within the house by exchanging an email with your spouse or partner that the date you moved to another room is to be treated as a separation date.

No, You do not need a lawyer for a Separation Agreement in Ontario. A separation agreement is valid as long as it is signed and witnessed by the parties. However, it is highly recommended to have a lawyer because your spouse or partner could trick you into signing an illegal agreement that is not in your best interest. Therefore, a separation can easily be challenged as not legally binding. 

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You do not need a separation agreement before divorce in Ontario. However, if you have children, then your divorce may not proceed without an adequate arrangement for child support, which ideally should be part of a separation agreement. Therefore, if you have children, then it is beneficial to have a separation agreement before you file for divorce in Ontario.

The cost of a Separation Agreement in Ontario varies depending on whether you are using a Lawyer or you are working based on a Separation Agreement Template Online. Sometimes Separation Agreement Templates are Free. Some basic Separation Agreement Template online would cost between $30 to $50 whereas a Lawyer’s Legal Fees for a Separation Agreement would be $999.00 to $3,000.00 + Taxes depending on the complexities of the Agreement.

A husband is expected to support his wife during separation if she is entitled to spousal support in accordance with spousal support guidelines. The basic criteria are if the wife is financially dependent on marriage, then the husband has to support his wife during separation. For example, the wife was not working, but looking after the children during the course of the marriage or her income was significantly less than the husband’s income.

In the eyes of the law, both spouses or partners get to stay in the house during separation, since the house is their matrimonial home. It does not matter if the matrimonial home is rented or owned. Therefore many separating parties decide to stay in the same house until the separation agreement is finalized.

A court of law can terminate a separation agreement if the Judge is satisfied that either;

1. The Parties to the Separation Agreement did not make a full and frank financial disclosure. One of the parties did not provide a complete list and value of all assets and liabilities, including complete details of the expenses and support received from the Government, Or
2. The terms of the Agreement are not in the best interest of the Child, Or;
3. The terms of the Agreement are unfair in the eyes of the law, such as a situation where one spouse gives up on her lawful right for spousal support without any compensation whatsoever, causing her to face hardship

Yes, a Separation Agreement is legally Binding in Ontario. In fact, Judges, as well as the Legislature, encourage parties to settle their disputes by way of a Separation Agreement. Since it gives the parties sufficient opportunity properly negotiate the terms of the agreement.  The Family Law Act, R.S.O. 1990 specifically states that a separation agreement would prevail over the provision so the Law was passed by the Parliament.  It is stated under 2(10)of the Family Law Act, R.S.O. 1990 “A domestic contract dealing with a matter that is also dealt with in this Act prevails unless this Act provides otherwise.  R.S.O. 1990”.

In a number of court decisions, Judges have shown their inclination to upload the terms of the Separation Agreement. It would be safe to say that as a General Rule a Separation Agreement is Legally binding in Ontario. In some situations, a Judge can set aside terms of a Legally Bind Separation Agreement if the Judge is satisfied that either;

1. The Parties to the Separation Agreement did not make a full and frank financial disclosure. One of the parties did not provide a complete list and value of all assets and liabilities, including complete details of the expenses and support received from the Government, Or
2. The terms of the Agreement are not in the best interest of the Child, Or;
3. The terms of the Agreement are plainly unfair in the eyes of Law, such as a situation where one spouse gives up on her lawful right for spousal support without any compensation whatsoever causing her to face hardship.

A simple answer to this question is that No, you do not need to notarize a Separation Agreement. 

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As per the Laws in Ontario, Canada, parties are not obligated to enter into a Separation Agreement. Therefore,  if the spouse won’t sign the separation agreement in Ontario, then you would have to litigate the matter before family courts. 

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A Separation Agreement must be witnessed by any person above the age of 18.

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Yes, we offer Flat Fee Separation Agreement to our clients. 

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