A separation agreement is a domestic legal contract between two parties who have consensually agreed to settle the terms surrounding their family law issues such as decision making for their children, parenting time, child support, spousal support, division of property etc. Separation agreements resolve family law matters without legally ending the marriage. A final divorce Order is needed from a family court judge to legally end a marriage.
Entering into a separation agreement is usually preferable to attending court as the parties have more autonomy over how to settle their family law issues. It can also be more amicable and affordable to handle matters by way of agreement rather than litigation which can become highly litigious, expensive, and stressful. If you and your spouse cannot agree, a Judge may decide these issues for you leaving you with an outcome that you may or may not agree with.
To have an enforceable separation agreement, the exchange of full and frank financial disclosure is required and both parties must receive independent legal advice from a lawyer. Once executed by the parties, a separation agreement may then be enforced if one of the spouses fails to abide by the terms of the agreement.
The goal is always to settle a case by entering into a separation agreement to save costs and time for the client. However, if parties cannot agree on the terms of separation, or if negotiating the terms fail, alternatives may need to be explored such as mediation/arbitration or proceeding to court to litigate the matter.
Although a cohabitation agreement, marriage contract and separation agreement, are not legal requirements to divorce in Ontario, such agreements can help ease the way at the start or end of a relationship by providing couples with practical tools to assist in creating predictability and setting expectations should the relationship or marriage end.