Fast, Affordable Separation Agreement — Step-by-Step With Legal Backup

Simple, Guided Process

  • Step 1: Fill the Form
    Provide names, dates, address, relationship status & any children or support info via our easy online form.
  • Step 2: Get a Draft PDF
    The system generates a complete separation agreement as a PDF using your answers.
  • Step 3: Book Your Lawyer Appointment
    You’ll receive an email with next steps and a link to schedule and pay for a virtual meeting.
  • Step 4: Lawyer Review & Finalize
    During the appointment, your lawyer reviews and customizes the agreement. You sign and date it together.
  • Step 5: Receive Your Final Agreement
    Get the finalized, signed agreement in PDF form — ready for your records or court filing.

Who It’s For

DIY-minded individuals seeking a step-by-step, budget-friendly legal solution with optional lawyer support. Ideal for self-represented persons in Ontario.

Simple or joint divorce cases where both parties agree on the terms and no other family law issues (such as custody, support, or property division) are being contested

Separation Agreement flow chart

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Start Your Separations Agreement Form

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Disclaimer:
The fee of $499 CAD covers the preparation of a basic, amicable separation agreement and one virtual meeting with a lawyer of up to 20 minutes to review, finalize, and sign the agreement.

This fee applies only to straightforward cases where both parties are generally in agreement. If your matter involves complex financial arrangements, disputes over parenting, multiple assets, business ownership, or other complications, additional legal fees may apply. You will be informed of any additional costs before proceeding.

Separation Agreement: Key Information for Clients (Ontario)

A Separation Agreement is a legally binding contract between two parties who have decided to separate or end their relationship, whether married or common law. This document outlines the terms and conditions regarding the division of property, child custody and access, child and spousal support, and other related matters.

Purpose and Importance

Clarity and Certainty: Sets out each party’s rights and obligations, reducing misunderstandings.

Enforceability: Once signed, the agreement is enforceable by law, provided it meets legal requirements.

Flexibility: Allows parties to tailor arrangements to their specific circumstances, rather than relying on court-imposed terms.

Cost and Time Efficiency: Can avoid lengthy and costly court proceedings.

Key Components of a Separation Agreement

  • Identification of Parties: Full legal names and addresses.
  • Date of Separation: The date the parties began living separate and apart.
  • Division of Property: How assets, debts, and property will be divided.
  • Child Custody and Access: Arrangements for the care, decision-making, and parenting time for any children.
  • Child Support: Amount, frequency, and duration of payments, in accordance with the Child Support Guidelines.
  • Spousal Support: Whether support will be paid, the amount, and duration.
  • Other Provisions: May include life insurance, health benefits, tax matters, and dispute resolution mechanisms.
  • Independent Legal Advice: Each party should obtain independent legal advice to ensure the agreement is fair and understood.

Legal Requirements in Ontario

  • Voluntary Agreement: Both parties must enter into the agreement freely and voluntarily.
  • Full Financial Disclosure: Each party must provide complete and honest disclosure of their financial situation.
  • Written and Signed: The agreement must be in writing and signed by both parties in the presence of a witness.
  • Witness Signature: The witness must also sign the agreement.

Limitations and Considerations

Best Interests of the Child: Any terms regarding children must be in their best interests and comply with the Children’s Law Reform Act and the Divorce Act.

Court Review: Courts can set aside or vary an agreement if it is found to be unfair, if there was duress, lack of disclosure, or if it does not meet the needs of the children.

Not a Divorce: A separation agreement does not legally end a marriage. A divorce must be obtained through the court.

Steps to Creating a Separation Agreement

  1. Discuss and Negotiate Terms: Parties discuss and agree on the terms.
  2. Exchange Financial Disclosure: Both parties provide full financial information.
  3. Draft the Agreement: The agreement is drafted, often with the assistance of legal counsel.
  4. Review and Revise: Each party reviews the draft and may negotiate changes.
  5. Obtain Independent Legal Advice: Each party consults their own lawyer.
  6. Sign and Witness: The agreement is signed in the presence of a witness.
  7. Keep Copies: Each party retains a signed copy for their records.

Avoiding Costly Mistakes: Why Professional Help Matters in Separation

While do-it-yourself separation agreements may seem like a cost-saving solution, they often come with hidden risks that can create far greater financial and emotional burdens. Online templates and kits rarely align with Ontario’s Family Law Act, meaning agreements may be invalid, unenforceable, or leave one party exposed to unfair terms. Without legal guidance, it is easy to overlook assets, underestimate support entitlements, or fail to address how future changes in finances or parenting will be handled. What looks like short-term savings can quickly turn into years of disputes and expensive court battles.

By contrast, lawyer-assisted separation agreements are not only more reliable but also cost-effective compared to the potential consequences of a poorly drafted DIY document. While hiring a family lawyer might cost between $2,000 and $7,000, those fees pale in comparison to the $20,000 to $150,000 that litigation over a flawed agreement can demand. Professional support provides compliance with Ontario law, clarity for the future, and peace of mind—ensuring couples avoid costly surprises and protect their long-term financial and personal stability.

Frequently Asked Questions

  • Is a separation agreement mandatory?
    No, but it is highly recommended to formalize arrangements and protect both parties’ interests.
  • Can the agreement be changed?
    Yes, if both parties agree, or by court order in certain circumstances.
  • What if one party does not follow the agreement?
    The agreement can be enforced through the courts.

Conclusion

A Separation Agreement is a critical document for parties ending a relationship in Ontario. It provides clarity, legal protection, and a framework for moving forward. It is essential that both parties understand their rights and obligations, provide full disclosure, and obtain independent legal advice before signing.

Disclaimer: This summary is for informational purposes only and does not constitute legal advice. Each situation is unique and should be reviewed by a qualified legal professional.