What is a Separation Agreement?​

This article is a brief and general overview about Separation Agreements. A Separation Agreement is a written domestic contract that spouses or common-law partners sign after they begin living "separate and apart". You are legally separated from your spouse or common-law partner once you and your ex are living "separate and apart". This means that either each person lives in their own place, or that you and your ex live in the same house, but have separate rooms, finances, and meals. People who separate often make an agreement to determine what their rights and responsibilities are after separating.

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What laws apply to Separation Agreements? ​

The Family Law Act is the law that legally binds Separation Agreements. 

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What is normally in a Separation Agreement?  ​

A Separation Agreement is a contract between you and your ex that helps you settle issues that normally arise when a relationship ends. Some of the issues that are commonly found on Separation Agreements include: Parenting Time & Decision-making for children, Child & Spousal Support, and the Division and Equalization of Property. Once the agreement is signed by you and your ex, it becomes a legally binding contract. 

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Common FAQs: 

1. What if my spouse refuses to sign? 

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Unfortunately, you cannot compel your ex to sign the contract, and if your ex refuses to sign the Separation Agreement, you could potentially start a court application where a judge will impose the terms of the Separation Agreement. 

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2. Can the agreement be changed later?  ​

Yes, the Separation Agreement can be amended but requires mutual agreement between you and your ex. Once you and your ex agree to make changes to the Separation Agreement, the changes proposed must be documented in writing. Once this is done, the Separation Agreement can then be changed in order to reflect the proposed changes. 

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