Do I Need to File Anything to Be Legally Separated in Ontario?
Whether you need to file anything to be separated depends on your situation, so it is worth confirming with a lawyer. Divorce is not required after separating, and provincial law (in Ontario, the Family Law Act and the Children's Law Reform Act) deals with support and parenting for married couples who separate without divorcing and for unmarried couples.
What matters is whether your arrangements can be enforced. A written agreement on child support, parenting arrangements or spousal support must be signed by both parents or caregivers in front of a witness, and a lawyer or a mediator can help prepare it. A separation agreement is a domestic contract, and to have its support terms enforced by the Family Responsibility Office (FRO), it must be filed with the Ontario Court of Justice or the Superior Court of Justice and then registered with FRO.
If you cannot agree on parenting, a judge decides based on the children's best interests. A divorce is a separate step, and one way to get it is to have lived separate and apart for at least one year before the divorce is decided. A lawyer can confirm which documents suit your situation.
Key takeaways
- Divorce is not required after separating, and Ontario's Family Law Act and Children's Law Reform Act deal with support and parenting for couples who separate without divorcing.
- A written agreement on child support, parenting arrangements or spousal support must be signed by both parents or caregivers in front of a witness.
- To have support terms enforced by the Family Responsibility Office, a domestic contract must be filed with the Ontario Court of Justice or the Superior Court of Justice and then registered with FRO.
- Marriage contracts and cohabitation agreements cannot decide parenting or decision-making for children.