Accurate
Country-specific legal content
Drafted with legal expertise for each jurisdiction, far more thorough than AI-generated drafts that copy generic clauses across borders.
LegalCanada
Separation Agreement Template
A separation agreement records how separating spouses will handle parenting, support, property and debts while they live apart. Our free Canadian template is drafted with reference to section 54 of the Family Law Act (Ontario), the federal Divorce Act and the Federal Child Support Guidelines.
Free to useInstant PDFNo account required
PDF (free) + editable Word (.docx) with Expert
SEPARATION AGREEMENT
Province Of Ontario, Canada
SPOUSE 1
Jennifer L. MacKenzie
150 Elgin Street, Ottawa, ON K2P 1L4
DOB: June 14, 1985
Occupation: Software Engineer
Phone: +1 (613) 555-0111
Email: jennifer@email.com
DOB: June 14, 1985
Occupation: Software Engineer
Phone: +1 (613) 555-0111
Email: jennifer@email.com
SPOUSE 2
Andrew P. MacKenzie
72 Bank Street, Ottawa, ON K1P 5N2
DOB: October 3, 1983
Occupation: Financial Analyst
Phone: +1 (613) 555-0222
Email: andrew@email.com
DOB: October 3, 1983
Occupation: Financial Analyst
Phone: +1 (613) 555-0222
Email: andrew@email.com
Married: September 20, 2012
Separated: January 15, 2026 · City of Ottawa, Ontario
This Separation Agreement (this "Agreement") is entered into between Jennifer L. MacKenzie ("Spouse 1") and Andrew P. MacKenzie ("Spouse 2"), collectively referred to as the "Parties." The Parties were married on September 20, 2012 in City of Ottawa, Ontario and have been living separate and apart since January 15, 2026. The Parties wish to settle all matters arising from their marriage and separation on fair and reasonable terms.
1.
SEPARATION
The Parties confirm that they have been living separate and apart since January 15, 2026 with no reasonable prospect of reconciliation. This Agreement does not constitute a divorce but is intended to settle all issues arising from the breakdown of the marriage. Under the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), s. 8(2)(a), either Party may apply for divorce after living separate and apart for at least one (1) year. The Parties agree that this Agreement may be incorporated into any divorce order without further consideration.
2.
INDEPENDENT LEGAL ADVICE
Both Parties acknowledge that they have been advised to obtain, and have had the opportunity to obtain, independent legal advice (ILA) from a lawyer of their own choosing prior to executing this Agreement. Each Party confirms that: (a) they have read this Agreement in its entirety; (b) they understand the nature and consequences of this Agreement; (c) they understand the rights they are giving up; and (d) they are signing this Agreement freely and voluntarily, without duress or undue influence. Without ILA, a court may be reluctant to enforce certain provisions of this Agreement.
3.
DIVISION OF PROPERTY
The Parties agree to divide their property in accordance with the applicable provincial family property legislation, including the Family Law Act, R.S.O. 1990, c. F.3 (Ontario), the Family Law Act, S.B.C. 2011, c. 25 (British Columbia), or the equivalent legislation of the Province of Ontario:
• Matrimonial Home (250 Somerset Street W, Ottawa, ON K2P 0J6): The matrimonial home shall be listed for sale within thirty (30) days of execution of this Agreement. The net proceeds (after payment of all outstanding mortgage amounts, real estate commissions, legal fees, and closing costs) shall be divided equally between the Parties.
Joint savings account at TD Bank to be divided equally.
Spouse 1 retains 2021 Toyota RAV4.
Spouse 2 retains 2019 Honda Civic.
RRSP accounts to remain with the respective holder.
Equalization Payment: Pursuant to the applicable provincial family property legislation, Jennifer L. MacKenzie shall pay Andrew P. MacKenzie the sum of 35,000.00 CAD as an equalization of net family property. This payment shall be made within ninety (90) days of execution of this Agreement, unless otherwise agreed in writing by the Parties.
• Matrimonial Home (250 Somerset Street W, Ottawa, ON K2P 0J6): The matrimonial home shall be listed for sale within thirty (30) days of execution of this Agreement. The net proceeds (after payment of all outstanding mortgage amounts, real estate commissions, legal fees, and closing costs) shall be divided equally between the Parties.
Joint savings account at TD Bank to be divided equally.
Spouse 1 retains 2021 Toyota RAV4.
Spouse 2 retains 2019 Honda Civic.
RRSP accounts to remain with the respective holder.
Equalization Payment: Pursuant to the applicable provincial family property legislation, Jennifer L. MacKenzie shall pay Andrew P. MacKenzie the sum of 35,000.00 CAD as an equalization of net family property. This payment shall be made within ninety (90) days of execution of this Agreement, unless otherwise agreed in writing by the Parties.
4.
DIVISION OF DEBTS
The Parties agree to divide their jointly and individually incurred debts and financial obligations as follows:
Mortgage on matrimonial home to be paid from sale proceeds.
Spouse 1 assumes Visa card ending in 4521.
Spouse 2 assumes line of credit at RBC.
Each Party shall indemnify, defend, and hold harmless the other Party from any claim, loss, damages, costs, or liability arising from any debt, obligation, or liability allocated to them under this Agreement, including any joint debt that they have agreed to assume solely.
Mortgage on matrimonial home to be paid from sale proceeds.
Spouse 1 assumes Visa card ending in 4521.
Spouse 2 assumes line of credit at RBC.
Each Party shall indemnify, defend, and hold harmless the other Party from any claim, loss, damages, costs, or liability arising from any debt, obligation, or liability allocated to them under this Agreement, including any joint debt that they have agreed to assume solely.
5.
CUSTODY AND PARENTING
The Parties agree to joint custody and shared parenting of the child(ren) of the marriage, in accordance with the Divorce Act, R.S.C. 1985, c. 3, and the applicable provincial Children's Law Reform Act or equivalent legislation.
Children of the marriage:
Emma MacKenzie, born March 5, 2018
Liam MacKenzie, born July 22, 2020
Parenting schedule and access:
Alternating weeks. Children with Spouse 1 on odd weeks, Spouse 2 on even weeks. Holidays alternating annually.
Both Parties agree to act at all times in the best interests of the child(ren) as defined by the Divorce Act, s. 16(3), and to foster a positive relationship between the child(ren) and both parents. Neither Party shall undermine the other Party's parental relationship without just cause.
Children of the marriage:
Emma MacKenzie, born March 5, 2018
Liam MacKenzie, born July 22, 2020
Parenting schedule and access:
Alternating weeks. Children with Spouse 1 on odd weeks, Spouse 2 on even weeks. Holidays alternating annually.
Both Parties agree to act at all times in the best interests of the child(ren) as defined by the Divorce Act, s. 16(3), and to foster a positive relationship between the child(ren) and both parents. Neither Party shall undermine the other Party's parental relationship without just cause.
6.
CHILD SUPPORT
Jennifer L. MacKenzie shall pay Andrew P. MacKenzie the sum of 1,200.00 CAD per month as child support, calculated in accordance with the Federal Child Support Guidelines, SOR/97-175, and the applicable provincial child support tables for the Province of Ontario.
Child support obligations shall continue until each child: (a) reaches the age of majority in the applicable province; (b) ceases to be a child of the marriage as defined by the Divorce Act, s. 2(1); or (c) as otherwise varied by agreement or order of a court of competent jurisdiction. The Parties agree to exchange sworn financial statements annually to facilitate review of the support amount in accordance with the Federal Child Support Guidelines.
Child support obligations shall continue until each child: (a) reaches the age of majority in the applicable province; (b) ceases to be a child of the marriage as defined by the Divorce Act, s. 2(1); or (c) as otherwise varied by agreement or order of a court of competent jurisdiction. The Parties agree to exchange sworn financial statements annually to facilitate review of the support amount in accordance with the Federal Child Support Guidelines.
7.
SPOUSAL SUPPORT
Jennifer L. MacKenzie shall pay Andrew P. MacKenzie the sum of 800.00 CAD per month as spousal support, commencing on the first day of the month following execution of this Agreement and continuing for a period of 36 months. This amount has been determined with reference to the Spousal Support Advisory Guidelines (2008, as amended). The Parties acknowledge that spousal support under the Divorce Act, R.S.C. 1985, c. 3, ss. 15.2–17, is designed to recognize economic advantages or disadvantages arising from the marriage or its breakdown and to relieve economic hardship.
8.
EXECUTION, WITNESSING AND VALIDITY
To be valid as a domestic contract, this Agreement must be in writing, signed by both Parties, and each signature witnessed, as required by the applicable provincial family-law legislation (for example, section 55 of the Ontario Family Law Act). The Parties acknowledge that a court may set the Agreement aside, in whole or in part, if: (a) a Party failed to disclose significant assets, debts or other liabilities existing when it was made; (b) a Party did not understand the nature or consequences of the Agreement; or (c) it is otherwise contrary to the law of contract (for example, section 56(4) of the Ontario Family Law Act). Each Party therefore confirms full and frank financial disclosure and the opportunity to obtain independent legal advice, to maximize the enforceability of this Agreement.
9.
MUTUAL RELEASE
Subject to the provisions of this Agreement, each Party hereby fully and finally releases the other Party from all claims, demands, and causes of action arising from the marriage or the breakdown thereof, including without limitation claims for property division, equalization, and spousal support, whether arising under the applicable provincial family property legislation, the Divorce Act, or otherwise. This release shall not affect any rights expressly preserved in this Agreement, including ongoing support obligations and parenting arrangements.
10.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada, including the Divorce Act, R.S.C. 1985, c. 3, the applicable provincial Family Law Act, and the Federal Child Support Guidelines.
11.
GENERAL PROVISIONS
Entire Agreement: This Agreement constitutes the entire agreement between the Parties with respect to all matters dealt with herein and supersedes all prior negotiations, representations, and understandings. Amendment: No amendment shall be effective unless made in writing and signed by both Parties. Severability: If any provision is found invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed and the remaining provisions shall remain in full force and effect. Financial Disclosure: Both Parties confirm that they have made full and frank disclosure of their financial circumstances to each other. Enurement: This Agreement shall enure to the benefit of and be binding upon the Parties and their respective heirs, executors, administrators, and assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date indicated.
SPOUSE 1
Jennifer L. MacKenzie
Date: ____________________
SPOUSE 2
Andrew P. MacKenzie
Date: ____________________
Available as a print-ready PDF or an editable Microsoft Word (.docx) file.
What Is a Separation Agreement?
A separation agreement is a written domestic contract between spouses or common-law partners who have separated, or are about to separate, setting out the terms on which they will live apart. It typically deals with parenting arrangements for children, child support, spousal support, division of property and debts, and the future conduct of the parties. In Ontario it is recognised as a form of domestic contract under Part IV of the Family Law Act, R.S.O. 1990, c. F.3, specifically section 54.
The federal Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.) was significantly amended in 2021 to replace the terms “custody” and “access” with “decision-making responsibility” and “parenting time”. Modern Canadian separation agreements use the new terminology. Child support is governed by the Federal Child Support Guidelines, which calculate the payor’s basic child support obligation based on income and the number of children.
Separation agreements avoid the expense and stress of litigation and let the couple design arrangements that fit their family. They can be incorporated into a later divorce judgment, filed with the court for enforcement and reviewed by provincial family-support enforcement programs such as the Family Responsibility Office in Ontario or the Family Maintenance Enforcement Program in British Columbia.
What's Covered in This Template
Our separation agreement template captures the parenting, financial and property issues that separating Canadian couples need to address.
Party Details
Full legal names, dates of birth, date of marriage or cohabitation and date of separation.
Parenting Arrangements
Decision-making responsibility and parenting time schedules using the current Divorce Act terminology.
Child Support
Table child support calculated under the Federal Child Support Guidelines, plus section 7 special or extraordinary expenses.
Spousal Support
Amount, duration and review conditions, with reference to the Spousal Support Advisory Guidelines.
Matrimonial Home
Who stays in the home, buyout arrangements or sale process and allocation of proceeds.
Property Division
Equalisation of net family property in Ontario or family property division in other provinces.
Debts and Liabilities
Allocation of joint and several debts, credit cards, loans and tax arrears.
Pensions and RRSPs
Treatment of pension credits and retirement savings, including any Canada Pension Plan credit split.
Independent Legal Advice
Certificates confirming both spouses received ILA before signing.
Dispute Resolution
Mediation or arbitration clause for future disagreements, with Ontario or BC as the governing jurisdiction.
How to Create a Separation Agreement
Follow these steps to produce a thorough, Canadian-compliant separation agreement.
- 1
Exchange Financial Disclosure
Each spouse prepares a sworn financial statement and exchanges supporting documents such as tax returns and bank statements.
- 2
Agree on Parenting Arrangements
Work out decision-making responsibility, parenting time schedules, holidays and communication rules.
- 3
Calculate Support Using the Guidelines
Apply the Federal Child Support Guidelines to child support and the Spousal Support Advisory Guidelines to any spousal support.
- 4
Divide Property and Debts
Agree on equalisation or property division, treatment of the matrimonial home and responsibility for joint debts.
- 5
Sign With Independent Legal Advice
Each spouse reviews the agreement with their own lawyer, then both sign in the presence of a witness.
Why Doxuno documents are different
Four things that make our templates more thorough than AI-generated drafts and more current than static template libraries.
Always current
Always current with the law
Templates carrying statute references are continuously updated as the law changes. Your document always reflects the current legal framework.
Free PDF
Print-ready PDF
Free to download. Vector text, embedded fonts, statute citations baked in. Print, sign, file. Ready for any signing flow including electronic signature.
Word · .docx
Editable Word (.docx)
Continue editing in Word after download. Add custom clauses, reuse the template for similar agreements, or share with a colleague for collaborative review.
Requires Expert one-time unlock or any paid Doxuno subscription.
Legal Considerations
Separation agreements must respect federal family law, provincial family property regimes and the overriding interests of the children.
This template is for informational purposes only and does not constitute legal advice. Consult a qualified lawyer in your province for advice specific to your situation.
Reviewed for Canadian law
Section 54 Domestic Contracts and Formalities
Section 54 of the Family Law Act, R.S.O. 1990, c. F.3 permits two people who are cohabiting or married to enter into a separation agreement dealing with their rights and obligations. Section 55 requires the agreement to be in writing, signed by the parties and witnessed. British Columbia’s Family Law Act, S.B.C. 2011, c. 25 imposes similar formality requirements across Part 5 and Part 6 of that Act.
The Divorce Act and Parenting
Since the 2021 amendments to the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), agreements should refer to “decision-making responsibility” and “parenting time” rather than the older terms “custody” and “access”. Section 16 of the Act requires that every parenting decision be made in the best interests of the child — and a court will not enforce parenting provisions that fail this test.
Child Support Guidelines
The Federal Child Support Guidelines, SOR/97-175 set presumptive child support amounts based on the payor’s gross annual income and the number of children. Section 7 provides for special or extraordinary expenses such as daycare, post-secondary education or medical costs. Parties cannot waive child support below the Guidelines without explaining why and satisfying the court that the arrangement is in the child’s best interests.
Enforceability and Miglin v. Miglin
The Supreme Court of Canada in Miglin v. Miglin, 2003 SCC 24 confirmed that a separation agreement will generally be upheld where there was procedural fairness at the time of signing, full financial disclosure and independent legal advice. Section 56(4) of the Ontario Family Law Act still allows a court to set aside a domestic contract for non-disclosure, lack of understanding or other unfairness — which is why ILA is so important.
Frequently Asked Questions
Create Your Separation Agreement Now
Resolve parenting, support and property matters outside court with a clear, Canadian-compliant separation agreement. Fill in the details, preview the document and download a PDF ready for independent legal review.
Free PDF · Editable Word with Expert · No account required