Separation Agreement (Ontario) by OLL
This separation agreement allows residents of Ontario to settle property division, support payments, and parenting arrangements following a marriage or common-law relationship breakdown. It provides structured options for equalization payments, the treatment of the matrimonial home, and child support calculated under the Federal Child Support Guidelines.
SEPARATION AGREEMENT
This template is for two people in Ontario, married or unmarried, who have separated and wish to record how they are settling property, support and (where they have children together) parenting arrangements. It is not for people who are still living together and want a domestic contract governing a future separation (use cohabitation-agreement or marriage-contract instead), and it is not a substitute for a court order. Not suitable for use in Quebec.
Drafting notes appear in italics and are to be deleted before execution. Square brackets mark information to be filled in. Delete any inapplicable optional clauses and Parts, then renumber, before execution.
⚠️ This Agreement can be set aside. A court can set aside all or part of a domestic contract — including a separation agreement — where a party failed to disclose to the other significant assets, debts, or other liabilities existing when the Agreement was made, where a party did not understand the nature or consequences of the Agreement, or otherwise in accordance with the ordinary law of contract. Ontario's Family Law Act sets out the grounds for setting aside a domestic contract. VERIFY the exact section number and current statutory wording before this warning, or any statement of the grounds, is treated as settled — the citation registry flags this section as unconfirmed. Complete and exchange the financial disclosure at Schedule A honestly and completely, and do not rely on this Agreement being final until each Party has had a genuine opportunity to obtain independent legal advice.
⚠️ This is a lawyer-in-the-loop document. This Agreement is not intended to be signed without each Party obtaining independent legal advice from their own lawyer, as recorded in Schedule B. It resolves matters — property, support, and parenting arrangements where applicable — that carry significant, sometimes irreversible financial and personal consequences, and that a court retains an ongoing supervisory role over (see in particular the child support note at section 6). Do not treat this template as ready to execute without that review.
THIS SEPARATION AGREEMENT is made as of [Date].
BETWEEN:
[Party A Legal Name] of [Party A Address]
("[Party A Short Name]")
— and —
[Party B Legal Name] of [Party B Address]
("[Party B Short Name]")
(each a "Spouse" and together the "Spouses" or the "Parties")
WHEREAS the Parties were [married to each other on [Marriage Date] at [Marriage Location] / in a relationship as unmarried spouses beginning on or about [Relationship Start Date]];
WHEREAS the Parties separated on [Separation Date] and do not intend to resume cohabitation;
WHEREAS [the Parties have [Number] child(ren) of the relationship, namely [Child Name(s) and Date(s) of Birth] / the Parties have no children together — delete Part D and section 6 if so];
WHEREAS each Party has made the financial disclosure described in Schedule A and confirms it to be complete and accurate as of the date of this Agreement;
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About this template
What is this template?
This is a comprehensive separation agreement for Ontario that covers property equalization, spousal support waivers, and parenting schedules. It is not a cohabitation agreement or a marriage contract for parties who are still living together. It includes specific warnings regarding the grounds for setting aside a domestic contract under the Family Law Act.
When should you use it?
Use this document when two people have separated and want to avoid litigation by settling financial and parenting matters. If the parties are still cohabitating and plan to stay together, use a cohabitation-agreement or marriage-contract instead.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 2 | Financial Disclosure | Each Party completes a sworn statement of assets, debts, and income as of a specific [Disclosure Date] in Schedule A. |
| 3 | Property Division | The Parties divide property as set out in Schedule A using either an equalization payment or division of specific property. |
| 4 | Matrimonial Home | The family residence at [Property Address] is sold with divided proceeds or transferred to one Spouse by a set [Date]. |
| 5 | Spousal Support | Parties choose between a mutual release of claims or a monthly [Amount] payable until a specified [Number] of months. |
| 6 | Child Support | A monthly [Amount] is calculated under the Federal Child Support Guidelines based on a payor's annual income of [Amount]. |
| 7 | Parenting Arrangements | Decision-making responsibility and parenting time are assigned according to the schedule set out in Schedule C. |
| 10 | Independent Legal Advice | Each Party confirms receiving advice from a separate lawyer as recorded in the certificates at Schedule B. |
| 11.1 | Governing Law | The laws of the Province of Ontario and federal laws of Canada govern the interpretation of the Agreement. |
Who it's for
- married spouses in Ontario separating and dividing net family property
- common-law partners in Ontario documenting parenting time and child support
- separating couples requiring a structured equalization payment schedule
- parents in Ontario needing to document decision-making responsibility for children
How long it runs and how it's signed
Law it's drafted under
Canada note
This version is drafted for Canada. Provinces differ on employment standards and Quebec applies civil law rather than common law. Tell GitLaw which province applies and it adjusts the draft.
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