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;
WHEREAS each Party has obtained, or has been given a genuine and reasonable opportunity to obtain, independent legal advice as recorded in Schedule B;
WHEREAS the Parties wish to settle, on the terms of this Agreement, all matters arising out of their relationship and its breakdown, including property, support, and [where applicable] parenting arrangements;
NOW THEREFORE in consideration of the mutual covenants in this Agreement and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the Parties agree as follows:
PART A — DEFINITIONS AND DISCLOSURE
Definitions
In this Agreement, unless the context requires otherwise:
"Child(ren)" means [Child Name(s)], born [Date(s) of Birth];
"Effective Date" means the date of this Agreement set out above;
"Property" means all real and personal property of every kind, including but not limited to real estate, bank accounts, investments, pensions, RRSPs and other retirement savings, business interests, vehicles, and household goods, whether held individually or jointly;
"Separation Date" means [Separation Date].
Financial Disclosure
Each Party has completed, and attached as part of Schedule A, a sworn or solemnly affirmed statement of their assets, debts, and income as of [Disclosure Date], together with supporting documentation [listed in Schedule A].
Each Party confirms that the disclosure at Schedule A is, to the best of their knowledge, complete and accurate, and that they have not knowingly omitted or understated any significant asset, debt, or source of income.
This Agreement is entered into in reliance on the disclosure at Schedule A. If, after the Effective Date, either Party discovers that the other Party failed to disclose a significant asset, debt, or liability that existed as of the date of this Agreement, that discovery may be grounds to set this Agreement aside, in whole or in part.
If either Party becomes aware, before signing, of an asset, debt, or change in income not yet reflected in Schedule A, update Schedule A before execution. Do not rely on section 2.3 as a substitute for complete disclosure at the time of signing.
PART B — PROPERTY DIVISION
Property Division
The Parties have divided their Property between them as set out in Schedule A, and each Party will retain, free of any claim by the other, the Property allocated to them in Schedule A.
Option A — Equalization payment
[Party A Short Name] will pay to [Party B Short Name] an equalization payment of [Amount], calculated by reference to the value of each Party's net family property as of the Separation Date, as set out in Schedule A, payable [in full on the Effective Date / in instalments of [Amount] per [Month/Quarter] beginning [Date] until paid in full], with interest at [Rate]% per annum on any unpaid balance if applicable.
Option B — Division of specific property
The Parties have agreed to divide their Property as listed in Schedule A, with each Party retaining the Property allocated to them, and neither Party owing the other an equalization or other balancing payment.
Each Party will sign any document and take any step reasonably necessary to transfer, register, or otherwise give effect to the Property division in Schedule A, including with respect to any jointly held real property, vehicle, or account.
Except as otherwise provided in this Agreement, each Party releases any claim to Property registered in, or beneficially owned by, the other Party.
Debts. Each Party is responsible for the debts allocated to them in Schedule A, will indemnify the other Party against those debts, and will use best efforts to have any joint debt allocated to them refinanced into their sole name by [Date].
Pensions and retirement savings. [Include if either Party has a pension, RRSP, RRIF, or similar retirement savings subject to division:] Each Party's pension and retirement savings entitlements are divided as set out in Schedule A. The Parties will cooperate in good faith to complete any form, valuation, or plan-administrator process required to give effect to that division, including under any applicable pension-division legislation.
Option A describes a net-family-property equalization payment, the mechanism that applies by default to married spouses in Ontario under the Family Law Act. Option B describes a straightforward division of specific listed assets and debts, which may suit either married or unmarried Parties who prefer to settle by simply allocating items rather than calculating an equalization payment. Do not use Option A for Parties who were not married to each other.
Ontario's equalization-of-net-family-property regime under the Family Law Act applies only to spouses who were married to each other. Unmarried (common-law) couples in Ontario do not have an automatic statutory property-division regime on separation — property division for an unmarried couple typically follows legal ownership, direct financial contribution, or an equitable claim such as unjust enrichment, unless the Parties agree otherwise. Confirm which regime applies to these Parties before completing this Part, and do not assume the equalization mechanics below apply to an unmarried couple without the Parties having chosen to adopt them by agreement.
Use Option A or Option B to describe how the division was reached.
VERIFY the current statutory definition of "net family property" and the valuation date rules before relying on an equalization calculation stated in a template as settled — the exact mechanics, exclusions (e.g., certain gifts, inheritances, and pre-marriage property), and valuation date can materially change the result.
Pension division has its own valuation and administrative rules that differ by pension type (workplace pension, RRSP, locked-in account) and can require a plan-specific form. This section flags that a process exists; it does not attempt to state the mechanics. Route to a pension-division specialist or the plan administrator before finalizing numbers.
Matrimonial Home
The matrimonial home municipally known as [Property Address] (the "Matrimonial Home") will be [sold, with net proceeds divided [Percentage] to [Party A Short Name] and [Percentage] to [Party B Short Name] / transferred to the sole name of [Party A/B Short Name], who will pay to the other Party [Amount] representing their share of the equity, and who will use best efforts to remove the other Party from any mortgage or line of credit secured against it by [Date] / retained jointly on the terms set out in Schedule A].
Until the Matrimonial Home is sold or transferred in accordance with section 4.1, [Party A/B Short Name] has exclusive possession of it, and the other Party will not attend without prior notice except as agreed for the purpose of parenting time or moving out personal belongings.
This section uses "matrimonial home," the term of art under Ontario's Family Law Act for a home ordinarily occupied by married spouses as their family residence at the time of separation, which carries special statutory protections (each spouse has an equal right to possession regardless of whose name is on title, and it cannot be unilaterally disposed of or encumbered by one spouse without the other's consent or a court order) that do not apply in the same way to unmarried couples. If the Parties were not married, delete references to "matrimonial home" and treat the family residence as ordinary Property under section 3. VERIFY the current statutory definition and scope of the matrimonial-home protections, including whether and how they continue to apply after separation and before this Agreement is signed, before relying on this section.
PART C — SUPPORT
Spousal Support
⚠️ A spousal support release or waiver in this section can still be reviewed by a court. A court is not automatically bound by a spousal support waiver or release in a domestic contract. Courts have applied a two-stage inquiry examining the circumstances in which the Agreement was negotiated and signed (including whether each Party had independent legal advice, understood the Agreement, and was not under duress or unfair pressure), and whether, at the time enforcement is sought, the Agreement still reflects the objectives of spousal support law and the parties' intentions (commonly associated with Miglin v. Miglin, 2003 SCC 24). This citation is not independently verified this session — VERIFY current appellate treatment, and whether the same test applies to unmarried Parties under the Family Law Act rather than the Divorce Act, before this warning or Option B below is relied on as settled.
Use Option A if the Parties are each waiving and releasing spousal support. Use Option B if one Party will pay ongoing or lump-sum spousal support to the other.
Option A — Mutual release of spousal support
Each Party waives, releases, and gives up any claim to spousal support from the other Party, now or in the future, and this Agreement is intended to be a full and final release of spousal support notwithstanding any future change in either Party's circumstances, health, or income. Each Party confirms they understand this waiver may not be reviewed again and have obtained independent legal advice specifically about it, as recorded in Schedule B.
Option B — Spousal support payable
[Party A/B Short Name] will pay spousal support to [Party A/B Short Name] of [Amount] per [Month], beginning [Date], [for a period of [Number] months / until the first of (a) the death of either Party, (b) the recipient's remarriage or entry into a marriage-like relationship for a continuous period of [Number] months, or (c) further order or written agreement of the Parties], calculated with reference to the [Spousal Support Advisory Guidelines / Parties' agreed figure], and reviewable [on a material change in circumstances / not at all — final order intended].
The Spousal Support Advisory Guidelines are not legislation — they are an influential but non-binding formula range used to inform, not dictate, spousal support amounts and duration. Do not present a Guidelines-generated number as a legal entitlement. Confirm both Parties understand the figure is negotiated, not calculated by operation of law.
Child Support
[Party A/B Short Name] will pay child support to [Party A/B Short Name] of [Amount] per month, beginning [Date], calculated in accordance with the Federal Child Support Guidelines based on [Payor]'s annual income of [Amount] and [Number] child(ren) [in the primary care of / shared roughly equally by] the other Party.
Section 7 / special expenses. [Include if applicable:] The Parties will share the Child(ren)'s special or extraordinary expenses (such as childcare, health-related expenses not covered by insurance, and extracurricular activities) in proportion to their respective incomes, being [Percentage]% for [Party A Short Name] and [Percentage]% for [Party B Short Name], on production of receipts.
The Parties will exchange copies of their income tax returns and notices of assessment annually by [Date], and will recalculate child support if either Party's income changes materially.
The child support amount in this section may be adjusted, by agreement or court order, if either Party's income or the Child(ren)'s circumstances change materially, or if it does not comply with the Federal Child Support Guidelines.
Delete this section and Part D if the Parties have no children together.
⚠️ Child support belongs to the child, not to either Party, and this Agreement cannot contract it away. A court is not bound by a child support amount the Parties agree to, and may order a different amount — including a higher amount — if the agreed amount does not comply with the Federal Child Support Guidelines or is not otherwise in the best interests of the Child(ren). Neither Party can release or waive the Child(ren)'s entitlement to support by agreement.
PART D — PARENTING ARRANGEMENTS
Delete this Part if the Parties have no children together. For V1, parenting arrangements are addressed inside this Agreement rather than in a standalone parenting plan.
Parenting Arrangements
Decision-making responsibility. [The Parties will jointly exercise decision-making responsibility for major decisions concerning the Child(ren)'s health, education, religion, and significant extra-curricular activities, and will consult with and try to reach agreement with each other before making such a decision / [Party A/B Short Name] will have sole decision-making responsibility for [specify area(s)]].
Parenting time. The Child(ren) will reside with, and spend parenting time with, each Party in accordance with the schedule set out in Schedule C [if used] / as follows: [Describe parenting time schedule].
Relocation. Neither Party will change the Child(ren)'s primary residence to a location that would have a significant impact on the other Party's relationship with the Child(ren), or move the Child(ren)'s residence outside of [City/Province], without the prior written consent of the other Party or a court order.
Nothing in this section prevents either Party from applying to a court for an order concerning decision-making responsibility, parenting time, or contact if it becomes necessary, and any such order made by a court prevails over this section.
Ontario's Divorce Act and Family Law Act use "decision-making responsibility" and "parenting time" rather than older terms like "custody" and "access." VERIFY current terminology and any further legislative change before relying on this section as reflecting current usage.
Ontario and federal law impose specific notice requirements before a relocation. VERIFY the current notice period and required content of a relocation notice before relying on clause 7.3 alone.
A provision in a domestic contract purporting to finally and irrevocably pre-determine parenting arrangements is not enforceable in the way property or support provisions can be — a court retains jurisdiction to depart from this Part if satisfied it is in the Child(ren)'s best interests to do so. VERIFY the exact statutory basis before stating this as settled in user-facing text.
PART E — RELEASES, DISPUTE RESOLUTION, AND GENERAL
Mutual Releases
Except for the rights and obligations created by this Agreement, each Party releases the other from all claims arising out of their relationship, including claims to Property division, and [if Option A of section 5 was used] spousal support.
Section 8.1 does not release either Party from a claim for child support, or from any right the Child(ren) may independently have.
Dispute Resolution
If a dispute arises about the interpretation or implementation of this Agreement, the Parties will first attempt to resolve it through [negotiation / mediation with a mutually agreed mediator] before either Party commences a court proceeding.
Section 9.1 does not prevent either Party from seeking urgent relief from a court, including in relation to the safety or well-being of a Child.
Independent Legal Advice
Each Party confirms they have obtained, or have been given a genuine and reasonable opportunity to obtain, independent legal advice from a lawyer of their own choosing, separate from the other Party's lawyer, before signing this Agreement, as recorded in the certificates at Schedule B.
Each Party confirms they understand the nature and consequences of this Agreement, including the rights they are giving up.
General
This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario.
This Agreement is the entire agreement between the Parties relating to its subject matter and supersedes all prior discussions, negotiations, and agreements, whether written or oral.
No amendment to this Agreement is effective unless in writing and signed by both Parties in the presence of a witness.
If a provision of this Agreement is held unenforceable, it is severed and the remainder of this Agreement continues in force, except that Part D and section 6 (child support) are never severed in a way that would leave the Child(ren) without a court-enforceable support or parenting mechanism — a court's authority to make or vary an order concerning the Child(ren) is not affected by this Agreement in any event.
This Agreement may be executed in counterparts, including electronically, each of which is an original and all of which together form one agreement.
IN WITNESS WHEREOF the Parties have executed this Agreement as of the date first written above, in the presence of the witnesses below.
Ontario's Family Law Act requires a domestic contract to be in writing, signed by the parties, and witnessed. VERIFY the exact current formality requirements, including whether a single common witness is sufficient or each signature must be independently witnessed, before relying on the signature block below as compliant.
SIGNED, SEALED AND DELIVERED in the presence of: | |
Witness Signature: ______________________ | [Party A Legal Name] |
Witness Name: [Name] | Signature: ______________________ |
Witness Address: [Address] | Date: [Date] |
SIGNED, SEALED AND DELIVERED in the presence of: | |
Witness Signature: ______________________ | [Party B Legal Name] |
Witness Name: [Name] | Signature: ______________________ |
Witness Address: [Address] | Date: [Date] |
Schedule A — Financial Disclosure
Complete this Schedule before execution. It is a mandatory attachment — this Agreement is not to be signed without it. In case of conflict with the body of this Agreement, resolve the conflict by correcting whichever document does not reflect what the Parties actually agreed, and note the correction in the review log.
A.1 [Party A Legal Name] — Assets, Debts, and Income as of [Disclosure Date]
Real property: [Description, address, estimated value, mortgage balance]
Bank accounts and investments: [Institution, account type, balance]
Pensions and retirement savings: [Plan/institution, estimated value]
Business interests: [Description, estimated value]
Vehicles and other significant personal property: [Description, value]
Debts and liabilities: [Creditor, balance]
Income: [Sources and annual amount, with reference to most recent notice of assessment / pay statements attached]
Supporting documents attached: [List]
A.2 [Party B Legal Name] — Assets, Debts, and Income as of [Disclosure Date]
Real property: [Description, address, estimated value, mortgage balance]
Bank accounts and investments: [Institution, account type, balance]
Pensions and retirement savings: [Plan/institution, estimated value]
Business interests: [Description, estimated value]
Vehicles and other significant personal property: [Description, value]
Debts and liabilities: [Creditor, balance]
Income: [Sources and annual amount, with reference to most recent notice of assessment / pay statements attached]
Supporting documents attached: [List]
A.3 Property division summary
Property allocated to [Party A Short Name]: [List]
Property allocated to [Party B Short Name]: [List]
Debts allocated to [Party A Short Name]: [List]
Debts allocated to [Party B Short Name]: [List]
Equalization or balancing payment (if any): [Amount, from whom to whom]
Schedule B — Certificates of Independent Legal Advice
A mandatory attachment for each Party — this Agreement is not to be signed without both certificates, or without each Party having had a genuine and reasonable opportunity to obtain the advice described.
B.1 Certificate of [Party A Legal Name]'s Lawyer
I, [Lawyer Name], of [Law Firm Name], certify that:
I am a lawyer licensed to practise law in Ontario;
I met with [Party A Legal Name] separately from [Party B Legal Name] and [Party B Legal Name]'s lawyer;
I explained to [Party A Legal Name] the nature and effect of this Agreement, including the rights and claims being given up or varied by it;
[Party A Legal Name] appeared to understand my advice and signed this Agreement voluntarily, without apparent duress or undue influence, in my presence.
Lawyer Signature: ______________________ Date: [Date]
B.2 Certificate of [Party B Legal Name]'s Lawyer
I, [Lawyer Name], of [Law Firm Name], certify that:
I am a lawyer licensed to practise law in Ontario;
I met with [Party B Legal Name] separately from [Party A Legal Name] and [Party A Legal Name]'s lawyer;
I explained to [Party B Legal Name] the nature and effect of this Agreement, including the rights and claims being given up or varied by it;
[Party B Legal Name] appeared to understand my advice and signed this Agreement voluntarily, without apparent duress or undue influence, in my presence.
Lawyer Signature: ______________________ Date: [Date]
If either Party proceeds without independent legal advice, do not use this certificate format to record that — flag it plainly instead (for example, "[Party] confirms they were advised to obtain independent legal advice and declined to do so") and note the elevated set-aside risk this creates in the review log. A signed certificate from a lawyer who did not in fact advise that Party is worse than no certificate at all.
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