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Family law
A formal domestic contract for spouses or common-law partners who are separating in Ontario, covering child custody, support obligations, property division, and debt allocation in accordance with the Family Law Act.
Also known as
SEPARATION AGREEMENT
This Separation Agreement (the "Agreement") is made on the ___ day of ______, _____(year).
BETWEEN:
______
______
AND
______
______
RECITALS
A. Nature of Relationship:
______
B. Financial Disclosure: Each Party confirms that they have made full, frank, and honest disclosure of all financial matters material to this Agreement.
C. Intent: This Agreement is intended to settle and resolve the matters addressed herein. It may be incorporated into any future divorce order, unless replaced by a subsequent written agreement executed by both Parties.
D. Free and Voluntary Agreement: Each Party confirms that they are entering this Agreement freely and voluntarily, without any form of duress, coercion, or undue influence, and that they possess the mental capacity to understand its terms and consequences.
AGREEMENT TERMS
Living Apart
The Parties confirm that they have lived separate and apart since ______. Neither Party shall attend at or enter the other's residence or workplace without express prior permission.
Independence and Non-Interference
Each Party shall enjoy full personal autonomy and is free to choose their own residence, employment, and personal affairs. Neither Party shall harass, threaten, disturb, or interfere with the other in any manner, including contact with the other's family, friends, or employer.
CHILDREN
Children of the Relationship
______
______
SPOUSAL SUPPORT
______
______
PROPERTY DIVISION
Agreement Regarding Division of Property
The Parties confirm that all property held jointly or individually, including any assets, possessions, or financial interests obtained during the course of the relationship, has been divided in a manner both Parties consider equitable, final, and satisfactory.
The Parties agree to the following division of jointly held assets and property, reflecting their mutual agreement or transfer of ownership. Each Party relinquishes any future claim to the jointly held property assigned to the other.
______
______
______
EQUALIZATION OF NET FAMILY PROPERTY
Equalization of Net Family Property
Each Party acknowledges their respective rights and obligations under the Family Law Act with respect to the equalization of net family property. ______
DEBTS AND LIABILITIES
Responsibility for Individual Debts
Each Party shall remain solely liable for all debts, obligations, and loans incurred in their own name, whether or not such debts relate to an asset retained under this Agreement or are specifically enumerated herein. This includes, without limitation, all personal loans, credit facilities, credit card debts, tax liabilities, and any other financial obligations.
Each Party shall indemnify and hold the other harmless from any claim, demand, or liability arising from such individual debts.
______
Special and Extraordinary Expenses
Where applicable, special or extraordinary expenses shall be apportioned between the Parties in proportion to their respective incomes, unless a different arrangement is agreed upon.
No Future Debt in the Other's Name
From the date of this Agreement, neither Party shall incur or attempt to incur any debt or financial obligation in the name of, or on the credit of, the other Party. Each Party shall bear sole responsibility for all debts they incur in their own name going forward.
All debts and financial obligations arising prior to the date of this Agreement shall remain the sole responsibility of the Party who incurred them, regardless of whether the obligation is connected to a joint account or credit facility. Each Party agrees to indemnify and hold harmless the other from any liability associated with such pre-existing debts.
EXECUTION
______
Signature: _________________________________________
Print Name: ________________________________________
Address: ______
Date: _____________________________________________
______
Signature: _________________________________________
Print Name: ________________________________________
Address: ______
Date: _____________________________________________
Witness for ______
Signature: _________________________________________
Print Name: ________________________________________
Address: _________________________________________
Date: _____________________________________________
Witness for ______
Signature: _________________________________________
Print Name: ________________________________________
Address: _________________________________________
Date: _____________________________________________
Additional information
Identify the spouse who will receive the property: ______
How it works
Answer the questions on the left. Your document builds itself on the right as you type.
Get a clean, ready-to-sign PDF in seconds. No account, no watermark.
Book an appointment, bring your document, and we witness your signature and apply the seal.
A separation agreement is a written contract between two people who have decided to live apart. In Ontario, it is classified as a domestic contract under Part IV of the Family Law Act (sections 54 to 59) and can be made by married spouses or by common-law partners who have cohabited for at least three years or share a child.
Once signed and properly witnessed, the agreement is a binding legal contract. It sets out how the parties will handle parenting arrangements, child support, spousal support, division of property and debts, and the matrimonial home. A court can enforce it as if it were a court order.
A thorough agreement addresses all financial and parenting matters so that both parties have clarity going forward. The more comprehensive the agreement, the less likely either party is to end up in court.
Each party should consult their own lawyer before signing. This is not a legal requirement for validity, but Ontario courts routinely set aside agreements where one party did not understand what they were giving up, was pressured into signing, or did not receive full financial disclosure from the other side.
Independent legal advice protects both parties. It makes the agreement far more difficult to challenge later, and it ensures each person understands the rights they may be waiving. Certificates of independent legal advice are standard practice in Ontario family law.
Under section 56 of the Family Law Act, a court may set aside all or part of a domestic contract in specific circumstances. The court also retains jurisdiction over the best interests of children regardless of what the agreement says.
We are a notary office, not a law firm. We do not draft separation agreements, review their terms, or give legal advice about their contents. What we do is witness and notarise the signatures once both parties are ready to sign. Both parties attend together, present valid government-issued photo ID, and sign in the presence of the notary.
If you need a lawyer to draft or review your agreement, we encourage you to seek one well before your signing appointment. Our fee for witnessing is $19.90 per stamp.
Both parties must attend the appointment. Bring the following items so the witnessing can proceed without delay.
A separation agreement does not need to be filed with a court to take effect. However, either party may later file it with the court to make it enforceable as if it were a court order. This is particularly common for support provisions, which can then be enforced through the Family Responsibility Office if payments fall behind.
Frequently asked
Fill it in online, download a ready-to-sign PDF, then bring it in and we will notarize it, in person across Ottawa or online.