How do I make sure my separation agreement will be enforceable in Ontario?

To give your separation agreement the strongest chance of being enforced in Ontario, focus on four things: form, disclosure, understanding, and fairness.

Form: The agreement must be in writing, signed by both parties, and witnessed. A signature that is not witnessed does not meet the requirements under the Family Law Act.

Disclosure: Both parties should exchange comprehensive financial disclosure — a list of all assets, debts, income, and significant financial information — before signing. Courts frequently set aside agreements where one party withheld or misrepresented their financial situation. Documenting the disclosure (e.g., attaching financial statements to the agreement) protects both sides.

Understanding: Each party should genuinely understand what they are signing. Courts are more likely to set aside an agreement if one party claims they did not understand the terms or the rights they were giving up. Independent legal advice for each party is the clearest evidence that both parties understood.

Fairness: While courts do not require agreements to be perfectly equal, a grossly unfair agreement (called an "unconscionable" agreement) can be set aside. Terms that reflect the parties' reasonable negotiation generally hold up.

Having each party represented by their own lawyer throughout the process is the most reliable way to meet all four criteria.