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Separation Agreement
Do I need a separation agreement?
A separation agreement is not required by law, but it is the best way to record the arrangements regarding:
property division
the matrimonial home
child support
spousal support
parenting time and decision-making
any other matter arising out of the marriage/common-law relationship
If we agree on everything, do we still need to go to court?
No. If you agree, you can sign a separation agreement and do not need to go to court.
You only need court orders if:
you want a legal divorce
you need the agreement enforced
your spouse will not cooperate or disclose income
there are safety concerns
Is a separation agreement legally binding?
A separation agreement is legally binding according to section 54 of the Family Law Act, RSO 1990, c F.3.
It must be in writing, signed by the parties and witnessed: section 55(1) of the Family Law Act, RSO 1990, c F.3.