Can we write our own separation agreement without lawyers in Ontario?

In Ontario, there is no legal requirement that lawyers draft or review your separation agreement. Two spouses can write and sign their own agreement, and if it meets the formal requirements — in writing, signed by both parties, and witnessed — it will generally be treated as a binding domestic contract.

However, DIY separation agreements carry real risks. Many people do not know what to include, so important issues are left unaddressed. Financial disclosure is often inadequate, which is one of the main grounds courts use to set agreements aside. Pension valuation, equalization of net family property, tax consequences of transferring assets, and the proper Child Support Guidelines calculation are all areas where mistakes are common.

An agreement that looks complete but is based on a misunderstanding of the law can leave one party significantly worse off than they would have been under a proper agreement or a court order.

At a minimum, both parties should have a family lawyer review the draft before signing — even a brief review. Many lawyers offer limited-scope retainers for this specific purpose at lower cost than full representation. This "check before you sign" step significantly reduces the chance of the agreement being challenged or leaving you with unresolved problems.