Family Law

    Separation Agreements in Canada: What to Include

    Updated October 20, 2026LawyerDirectoryCanada.ca Editorial Team

    A separation agreement is a written contract between spouses or common-law partners that sets out how they will handle parenting, child support, spousal support, and property and debts after separating. A well-made agreement lets a couple avoid court, and it allows married spouses to obtain a simple uncontested divorce later. To hold up, an agreement generally needs to be in writing, signed and witnessed, based on full financial disclosure and made voluntarily, ideally with each spouse getting independent legal advice.

    This article is part of the guide to family law in Canada.

    The short version

    • A separation agreement is a binding contract, not just a statement of intentions.
    • In Ontario, it must be in writing, signed by both parties and witnessed.
    • Courts can set aside agreements for missing financial disclosure, lack of understanding, duress or other contract problems.
    • Child support and parenting terms can always be reviewed by a court in the child's best interests.
    • The Supreme Court of Canada has said courts should generally respect domestic contracts unless there is a compelling reason not to.
    • Independent legal advice is not always legally required, but it greatly strengthens an agreement.

    What a Separation Agreement Should Cover

    1. Basic information

    • Names, dates of marriage or cohabitation, and the date of separation
    • Children's names and dates of birth
    • A statement that both parties made full financial disclosure, with financial statements attached
    • Confirmation that each party had the chance to get independent legal advice

    2. Parenting

    • Decision-making responsibility for health, education, religion and significant activities
    • The regular parenting time schedule
    • Holidays, school breaks and special occasions
    • Communication between parents and with the children
    • Travel, passports and consent letters
    • Notice requirements if either parent plans to move
    • How disagreements will be resolved, such as mediation before court

    See parenting time and decision-making in Canada.

    3. Child support

    • Each parent's income used for the calculation
    • The monthly table amount under the applicable guidelines
    • Section 7 special or extraordinary expenses and each parent's share
    • How and when income information will be exchanged and support updated each year
    • When support will end, such as after post-secondary education
    • Health and dental coverage for the children
    • Life insurance to secure support

    See child support in Canada.

    4. Spousal support

    • Whether spousal support is paid, and if so, the amount, start date and end date
    • Whether support can be reviewed or varied, and on what events
    • Whether either spouse is releasing future claims for support
    • Life insurance to secure support
    • Tax treatment of payments

    See spousal support in Canada.

    5. Property and debts

    • What happens to the family home: sale, buyout or one spouse staying for a period
    • Division of bank accounts, investments, vehicles and household contents
    • Division of pensions and RRSPs, and how transfers will be done
    • Business interests
    • Who is responsible for each debt, and how joint debts will be closed or refinanced
    • In Ontario, any equalization payment owed
    • Releases of further property claims

    See dividing property after separation.

    6. General terms

    • Releases of claims against each other's estates, if intended
    • Updating beneficiary designations
    • Tax matters, such as who claims which children for credits
    • What law governs the agreement
    • How the agreement can be changed, usually only in writing
    • Dispute resolution, such as mediation or arbitration

    What Makes a Separation Agreement Valid

    Formal requirements

    In Ontario, the Family Law Act says a domestic contract, including a separation agreement, is unenforceable unless it is made in writing, signed by the parties and witnessed. Ontario's Court of Appeal has treated the witnessing requirement with some flexibility in certain cases, but proper witnessing remains important. Other provinces have their own requirements. Alberta's Family Property Act, for example, has specific acknowledgment requirements for agreements about family property to be presumptively enforceable.

    Grounds for setting an agreement aside

    In Ontario, a court may set aside a domestic contract, or part of it, if:

    • a party failed to disclose significant assets, debts or other liabilities that existed when it was made
    • a party did not understand the nature or consequences of the agreement
    • it is otherwise invalid under the law of contract, for example because of duress, undue influence, misrepresentation or unconscionability

    Other provinces have similar tests. In British Columbia, a court can set aside or replace property and spousal support terms that are significantly unfair in some circumstances.

    Courts can disregard parenting terms that are not in the child's best interests, and child support terms that are unreasonable having regard to the child support guidelines. Parents cannot contract out of the child's right to adequate support.

    The Supreme Court of Canada's approach

    In Anderson v. Anderson (2023), the Supreme Court of Canada upheld a short, informal separation agreement signed without legal advice, after finding no prejudice from the lack of advice. The Court said domestic contracts should generally be encouraged and supported by courts within the bounds of the law, unless there is a compelling reason to discount them, because self-sufficiency, autonomy and finality matter in family law. It also said courts must stay alert to the vulnerabilities that can arise when these agreements are negotiated. For spousal support terms, courts continue to apply the framework from the earlier Miglin v. Miglin decision.

    One lawyer cannot act for both spouses. Each spouse should have their own lawyer review the agreement before signing. Independent legal advice:

    • makes it much harder for either spouse to later argue they did not understand the agreement
    • helps ensure the terms are within what the law would provide, or that departures are deliberate
    • is required in some situations, such as for certain property agreements in Alberta to be presumptively binding

    Limited scope help, where a lawyer only reviews the agreement, can keep costs down. See how much a divorce lawyer costs.

    Financial Disclosure

    Both spouses should exchange complete financial information before signing, including:

    • three years of tax returns and notices of assessment
    • current pay stubs and income information
    • statements for all bank, investment, RRSP, TFSA and pension accounts
    • property valuations, mortgage statements and debt statements
    • business financial statements, if applicable

    Incomplete disclosure is the most common reason agreements are challenged.

    After Signing

    • Filing for enforcement: in many provinces, support terms can be filed with the court or the provincial support enforcement program so they can be enforced like a court order. In Ontario, a separation agreement with support terms can be filed with the court and enforced by the Family Responsibility Office.
    • Divorce: married spouses can use the agreement to support a simple or joint divorce application. See how to get a divorce in Canada.
    • Taxes: spousal support is generally deductible and taxable only if paid under a written agreement or court order.
    • Changes: the agreement can be changed by a new written agreement signed with the same formalities. Child support and parenting terms can also be varied by a court when circumstances change.

    Frequently Asked Questions

    Do we need a separation agreement?

    No law requires one, but without it, rights and obligations are uncertain and may need a court to decide. An agreement provides clarity and is usually much cheaper than litigation.

    Can we write our own separation agreement?

    Yes, and the Supreme Court of Canada has upheld an informal agreement in some circumstances. However, do-it-yourself agreements are more likely to be challenged, especially if they lack financial disclosure, legal advice or proper signing formalities.

    Can a separation agreement be changed later?

    Yes, by a new written agreement. Courts can also change child support and parenting terms when circumstances change. Property terms are much harder to change once final.

    Is a separation agreement the same as a divorce?

    No. A separation agreement settles the issues, but only a court can grant a divorce. Common-law partners do not need a divorce.

    How much does a separation agreement cost?

    Costs vary with complexity and how much negotiation is needed. A simple agreement where spouses have already settled terms costs much less than one negotiated through lawyers. Mediation can reduce the cost. See mediation vs going to family court.

    Need help with a separation agreement? Search LawyerDirectoryCanada.ca for family lawyers by province and city.

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