Can my spouse and I write our own separation agreement in Ontario?

You can write your own separation agreement in Ontario; there is no law requiring a lawyer to draft it. However, to be enforceable, a separation agreement must meet certain requirements under the Family Law Act: it must be in writing, signed by both parties, and witnessed. Both parties must have entered into it freely, without fraud, duress, or undue influence, and with full financial disclosure from each other.

The practical risk of a do-it-yourself agreement is significant. Agreements that omit important terms, divide property incorrectly, or fail to follow the Child Support Guidelines can be set aside by a court later. Courts have particular concern for the fairness of terms relating to children — a provision that takes the children below their legal support entitlement, for example, is unlikely to be upheld.

Having each spouse review the agreement with their own lawyer before signing — what is called independent legal advice — significantly reduces the risk that either party can later claim they did not understand what they were agreeing to. At a minimum, having a family lawyer review a draft you have prepared yourself is a sensible precaution before you both sign.