Separation Agreement Guide
A separation agreement is a written contract that resolves all issues arising from your separation, including children, support, and property division. Learn how to create an enforceable agreement.
What is a Separation Agreement?
A separation agreement is a legally binding contract between spouses that sets out how they will handle parenting, support, property division, and other issues arising from their separation. When properly drafted and executed, it has the force of a contract and certain provisions can be enforced like court orders.
Full Disclosure: Both parties must provide complete financial disclosure.
Independent Legal Advice: Each party should get legal advice from their own lawyer.
Voluntary: Agreement must be entered into freely, without pressure or duress.
Fair & Reasonable: Courts can set aside agreements that are grossly unfair or unconscionable.
Benefits of a Separation Agreement
Control & Certainty
You decide the terms instead of leaving it to a judge
Cost Savings
Avoid lengthy and expensive court battles
Privacy
Agreement is private; court proceedings are public record
Flexibility
Can include creative solutions courts might not order
What to Include in Your Agreement
- Full legal names of both parties
- Marriage date and separation date
- Statement of intent to live separate and apart
- Decision-making responsibility
- Parenting time schedule
- Child support amounts
- Special expenses sharing
- Dispute resolution for parenting issues
- List of all assets and debts
- How property will be divided
- Matrimonial home disposition
- Pensions and RRSPs
- Tax implications of transfers
- Whether support is payable
- Amount and duration
- Conditions for variation or termination
- Tax treatment of payments
- Release of claims
- Independent legal advice
- Financial disclosure confirmation
- Dispute resolution (mediation/arbitration)
- Survival of agreement terms
Common Mistakes to Avoid
Don't Do This
- Using online templates without legal review
- Hiding assets or providing incomplete disclosure
- Signing without understanding all terms
- Agreeing to unfair terms under pressure
- Omitting important issues or contingencies
Do This Instead
- Get independent legal advice before signing
- Provide full, honest financial disclosure
- Take time to understand every clause
- Negotiate fair terms; use mediator if needed
- Include provisions for future changes and disputes
Frequently Asked Questions
Create Your Separation Agreement with Guidance
Splitifi provides separation agreement templates, clause libraries, and expert guidance to help you create a comprehensive, enforceable agreement for your Canadian separation.