What is a Separation Agreement?

A separation agreement is a domestic contract in Family Law that deals with all rights and obligations arising from the marriage relationship and its breakdown, mostly on a permanent basis.

A separation agreement is often used by the parties that wish to amicably resolve their issues without assistance of the Courts. It is a useful tool to avoid protracted litigation and the costs that come with it.

For a separation agreement to be formally valid in Ontario pursuant to the Family Law Act (FLA) it must be in writing, signed and witnessed. Independent Legal Advice (ILA) is not a formal requirement; however, it is often recommended that parties obtain ILA to ensure that neither party may be successful in challenging the separation agreement based on not understanding its content.

Most Separation Agreement deal with issues relating to spousal support, property rights, spousal debts, and entitlements. A well drafted Separation Agreement would contain alternative dispute resolution clauses that guide parties how to deal with a disagreement on an issue in future. Normally, this clause in the Separation Agreement refers parties to engage in Mediation or Arbitration to attempt to resolve their differences.

It is essential that parties seek sound legal advice from Family Law Lawyers before entering into a Separation Agreement. Our Family Law Lawyers can assist you in drafting, reviewing, and understanding the various terms and conditions of a separation agreement and navigate you through the intricacies of Family Law.