Family law
Separation Agreement
A domestic contract settling property, support, and parenting when a relationship or marriage ends. Fill it in online, download a ready-to-sign PDF, and have signatures witnessed in Ontario. Each party should obtain independent legal advice.
Pay only when you notarize
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Also known as
- Domestic Contract (Separation)
- Marital Separation Agreement
- Separation Contract
+1 more names
- Divorce Settlement Agreement
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: _____________________________________________
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Separation Agreement
A compact preview of this template
01The Parties
Your Full Legal Name
Are there children from this relationship?
Will one party provide child support to the other?
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: _____________________________________________
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Overview
About this document
- 01
What is a separation agreement?
A separation agreement — a domestic contract under Ontario family law — lets separating spouses or partners settle property division, spousal or child support, and parenting arrangements without going to court.
A clear, agreed contract can reduce conflict and cost when a relationship ends.
- 02
When you might use one
It is used by separating spouses or partners.
- Settling property and finances after separation.
- Agreeing on spousal or child support.
- Setting out parenting time and decision-making for children.
- 03
Important — independent legal advice
For a separation agreement to be sound, it should generally be in writing, signed, and witnessed, with full and honest financial disclosure by both parties. Courts can set one aside in some circumstances, particularly where disclosure or fairness is lacking, and arrangements for children must serve the child’s best interests.
Each party should obtain their own independent legal advice before signing. A notary can witness the signatures, but witnessing is not legal advice.
- 04
How to notarize a separation agreement in Ontario
Once you have filled in your separation agreement and downloaded the PDF, do not sign it in advance if a witnessed signature is needed. A notary public can witness and notarize your signature so a third party can rely on it.
Minute Notary witnesses your separation agreement online by secure video, under Ontario's remote commissioning rules (O. Reg. 431/20), or in person in Ottawa. Bring valid government-issued photo identification.
- Fill in the document online and download a clean, ready-to-sign PDF — free, no account.
- Present valid photo ID; we witness your signature and apply the notary seal.
- Your document is ready to use across Ontario and Canada.
Good to know
Before you fill it in.
Short notes from our notary on this template. Worth a minute before you start.
- 01
Reviewed for use in Ontario by a notary public and commissioner for taking affidavits.
- 02
Fill it in online for free and download a ready-to-sign PDF — no account required.
- 03
Sign in front of the notary, who witnesses your signature and applies the seal.
- 04
Notarize online by video across Ontario, or in person in Ottawa.
Frequently asked
Questions about the Separation Agreement
- Is a separation agreement legally binding in Ontario?
- A domestic contract can be binding if properly made — generally in writing, signed, and witnessed, with full financial disclosure. Courts can set one aside in some circumstances, so independent legal advice is important.
- Do we both need lawyers?
- It is strongly recommended. Each party should obtain their own independent legal advice so the agreement is fair and more likely to hold up.
- Does a separation agreement mean we are divorced?
- No. It settles the terms of separation. A divorce is a separate legal step obtained through the court.
- Can a notary witness our signatures?
- Yes. A notary can witness and notarize the signatures online or in Ottawa, but witnessing is not legal advice.
Keep exploring
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- 01Cohabitation Agreement
A domestic contract between common-law or cohabiting partners setting out property, support, and other arrangements. Fill it in online, download a ready-to-sign PDF, and have signatures witnessed in Ontario. Each partner should obtain independent legal advice.
Fill it out - 02Statutory Declaration of Living Separate and Apart
A sworn declaration that you and your spouse or partner have been living separate and apart since a given date — often required for tax, benefits, or status purposes. Fill it in online, download a ready-to-sign PDF, and notarize in Ontario.
Fill it out - 03Statutory Declaration of Separation of Legal Spouses or Common-law Partners (Service Canada)
A statutory declaration of the separation of legal spouses or common-law partners, used to support a benefit or pension matter. Fill it in online, download a ready-to-sign PDF, and notarize in Ontario.
Fill it out - 04Statutory Declaration of Guardianship Consent
A sworn declaration by a parent consenting to another person caring for, or being appointed guardian of, their child — used to support a guardianship arrangement. Fill it in online, download a ready-to-sign PDF, and notarize in Ontario.
Fill it out
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