Can I Change or Cancel a Separation Agreement After Signing It in Ontario?
Yes, sometimes, but regret alone is not enough. An Ontario separation agreement is only enforceable if it is in writing, signed by the parties and witnessed. Ontario guidance warns that it can be difficult to get a court to set one aside.
A court may set aside an agreement, or a provision in it, if a party failed to disclose significant assets or debts that existed when it was made, if a party did not understand its nature or consequences, or otherwise under the law of contract. Even then, the court decides whether it is appropriate to set it aside, and fairness is a relevant consideration. A court may also disregard a child support provision that is unreasonable under the child support guidelines. It may set aside a spousal support waiver that results in unconscionable circumstances.
If you both agree to change terms, the amending agreement must also be in writing, signed and witnessed. Support terms can also be changed by a court order if circumstances change, such as a change in income. Your options depend on your facts, so a lawyer can confirm them before you sign anything.
Key takeaways
- Changing an agreement by consent requires a new amendment that is in writing, signed and witnessed.
- A court can set aside all or part of an agreement for non-disclosure, lack of understanding, or on general contract grounds.
- Even if a ground is shown, the court still decides whether setting the agreement aside is appropriate, and fairness is considered.
- A court may disregard an unreasonable child support provision and may set aside a spousal support waiver on specific grounds, such as unconscionable circumstances, so a lawyer can confirm how your terms are treated.