Separation Agreements

A separation agreement is the document that ends most family law cases. Done well, it settles everything — parenting, child support, spousal support, the home, pensions, debts — and both of you walk away with certainty. Done badly, it comes back to court in two years.

What makes it stick. An Ontario separation agreement must be in writing, signed and witnessed. To hold up if challenged, both sides need full financial disclosure and each should have independent legal advice. I make sure all three are in place, because an agreement that can be set aside is worse than none.

If you've already agreed on the terms. Good. Many couples come to me having worked things out at the kitchen table. I put it into proper form, catch the things you didn't think of — what happens if one of you dies, remarries, moves, loses a job — and make it enforceable.

If your spouse's lawyer drafted it. Do not sign it without a review. I go through it clause by clause, tell you what is fair and what isn't, and negotiate the changes. This usually takes one or two meetings.

Filing with the court. Support terms in a signed agreement can be filed with the court and enforced by the Family Responsibility Office like any order.