Under Part IV of the Family Law Act, a Separation Agreement is a Domestic Contract. This Agreement explains how parenting, support, and property will be resolved between spouses and partners (married or unmarried) who have separated, and it does not require Court involvement to be valid. If you need guidance on preparing or reviewing a Separation Agreement, Foote Law’s family law services can help ensure your rights and interests are protected.
A Separation Agreement is not a Divorce. Divorce is the legal dissolution of a marriage under the Divorce Act, granted once the spouses have lived separate and apart for at least one year or on proof of adultery or cruelty. A Separation Agreement resolves the substantive issues—parenting, support, and property—that a divorce does not determine on its own.
How Foote Law Can Help
Foote Law assists clients across every stage of the Separation Agreement process, from the first conversation about separating through to filing a finalized Agreement with the Court for the Family Responsibility Office (“FRO”) enforcement. Our work includes:
- Representation in Separation Agreement negotiations with the other party’s counsel
- Preparation of Separation Agreements covering all issues between the parties
- Independent Legal Advice and ILA certification on Agreements already negotiated
- Pre-execution advice on enforceability, financial disclosure obligations, and ILA requirements
- Court filing under Form 26B for FRO enforcement of support
Foote Law accepts Legal Aid Ontario Certificates and Employee Assistance Program referrals, both of which include a complimentary 30-minute consultation and reduced hourly rates. Unbundled retainers are also available for clients who need help with one specific task rather than full representation.
Foote Law serves clients in Orangeville, Brampton, Shelburne, Alliston, Barrie, Owen Sound, Newmarket, Guelph, and throughout the Greater Toronto Area, in person and virtually.
What a Separation Agreement Addresses
Decision-Making and Parenting Time
The Agreement establishes which parent holds decision-making authority over the child’s major life decisions and sets out the parenting time schedule. All parenting provisions remain subject to the best interests of the child.
Child Support
Child support is calculated under the Child Support Guidelines, based on the payor’s income, the number of children, and the parenting arrangement. The 2025 Federal Child Support Tables apply to support payable from October 1, 2025 onward. Section 7 expenses, daycare, uninsured medical, dental, and education, are shared in proportion to each party’s income. Child support cannot be waived.
Spousal Support
The Agreement specifies whether support is payable, the amount, and the duration. Entitlement depends on how long the relationship lasted, the role each spouse had, and their financial circumstances. Where entitlement is established, the Spousal Support Advisory Guidelines determine the range.
Property Division
Married spouses hold a statutory right under the Family Law Act to equalize the growth in net family property during the marriage. The equalization claim must be brought before the earliest of two years after a divorce or judgment of nullity, six years after separation, or six months after a spouse’s death.
The matrimonial home cannot be sold, transferred, or mortgaged without both spouses’ written consent or a court order, regardless of who holds title. Common-law partners do not have equivalent statutory rights. Property belongs to the party who holds legal title.
Other Matters
Debts, division of registered accounts and pensions, life insurance obligations to secure support, and a mutual release of claims arising from the relationship are also addressed in the Agreement.
Legal Requirements
A Separation Agreement must be in writing, and it must be signed by both parties and witnessed. Before execution both parties must provide full financial disclosure.
A Court may set aside the agreement, or any provision of it, where:
Grounds for Setting Aside
- A party failed to disclose significant assets or liabilities
- Did not understand the nature or consequences of the Agreement
- Where the Agreement is otherwise contrary to the law of contract, including unconscionability, duress, or undue influence
Key Protections
- Independent Legal Advice, documented through a Certificate of Independent Legal Advice from each party’s lawyer, is the primary protection against a challenge under this section
- To enforce support provisions through FRO, the Agreement must be filed with the Court using Form 26B
The Risk of No Agreement
For married spouses, an unresolved equalization claim stays open until the earliest of two years after a Divorce, six years after separation, or six months after a spouse’s death, and can be litigated at any point up to that deadline. The matrimonial home cannot be listed for sale, transferred, or mortgaged without the other spouse’s written consent or a Court Order, regardless of who holds title. A surviving spouse retains the right to elect between their entitlement under a will and an equalization payment on death. A Separation Agreement is the only mechanism that conclusively closes these claims.
Claims in unjust enrichment or constructive trust require a separate Court Application and depend on the specific financial contributions of each party. Without a Separation Agreement, those disputes proceed to litigation.
Have Questions About a Separation Agreement?
Call Foote Law
Every situation is different, and the right approach depends on your circumstances and what you and your former partner are able to agree on. If you are separating and need help reaching or reviewing an agreement, call Foote Law in Orangeville at 519-940-8309.
