Do I need a separation agreement to get divorced?

You can obtain a divorce under the federal Divorce Act without a separation agreement, but a signed agreement dealing with parenting, support and property makes the process far smoother. An uncontested divorce in Ontario or BC usually attaches the separation agreement as part of the court record.

Is a separation agreement legally binding in Canada?

Yes, provided it is in writing, signed, witnessed and supported by financial disclosure and independent legal advice. Section 54 of the Ontario Family Law Act and equivalent provisions in other provinces give separation agreements full contractual force.

Can we agree to no child support?

Only in very limited circumstances. Child support is the right of the child, and courts and support enforcement agencies will not approve agreements that fall below the Federal Child Support Guidelines amount without strong justification in the child’s best interests.

What is the difference between custody and decision-making responsibility?

Since March 2021, the Divorce Act uses “decision-making responsibility” (for major decisions) and “parenting time” (when the child is with each parent) instead of “custody” and “access”. The concepts are similar, but the new language emphasises parental responsibility over parental ownership.

You are not legally required to have lawyers, but independent legal advice for each spouse is strongly recommended. It is one of the main factors courts consider when deciding whether to uphold a separation agreement under section 56(4) of the Ontario Family Law Act.

Can we change the agreement later?

Yes. You can amend or replace the agreement at any time by signing a new written, witnessed document. Changes to child support and parenting can also be sought from a court where circumstances have materially changed, even if the original agreement tries to prevent it.

What happens to the matrimonial home?

Both spouses have special statutory rights to the matrimonial home under sections 18–26 of the Ontario Family Law Act regardless of whose name it is in. The separation agreement should clearly address whether it will be sold, whether one spouse will buy out the other and who is responsible for the mortgage in the meantime.

How is spousal support calculated?

Spousal support under the Canadian Divorce Act and provincial family law is guided by the Spousal Support Advisory Guidelines, which provide ranges based on income, length of relationship and whether there are children. The agreement should state the amount, duration and any review triggers.

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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.

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SEPARATION AGREEMENT

Province Of Ontario, Canada

SPOUSE 1

Jennifer L. MacKenzie

150 Elgin Street, Ottawa, ON K2P 1L4

SPOUSE 2

Andrew P. MacKenzie

72 Bank Street, Ottawa, ON K1P 5N2

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

10.

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 Effective Date first written above.

SPOUSE 1

Jennifer L. MacKenzie

Date: ____________________

SPOUSE 2

Andrew P. MacKenzie

Date: ____________________

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.

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

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