Do Both Spouses Need Independent Legal Advice to Sign a Separation Agreement in Ontario?

No. Ontario guidance says you do not need a lawyer to make a separation agreement, so independent legal advice is not a condition of having one. It is still a good idea before signing, because it can be difficult to get a court to set an agreement aside.

What the law does require is a written agreement that is signed by the parties and witnessed, failing which it may be unenforceable. A court may also set aside an agreement, or a term in it, if a party failed to disclose significant assets or debts or did not understand it, but the court then decides whether it is appropriate to do so. Ontario guidance recommends that separating spouses each have their own lawyer, and a lawyer asked to act for both must explain that information cannot be kept confidential from the other and that the lawyer may have to withdraw if a conflict develops.

Getting legal advice before you sign a separation agreement is a good idea, because it can be difficult to get a court to set an agreement aside. Each person should understand the terms and not be pressured to sign, or the agreement can be challenged in court.