Should I get a separation agreement before filing for divorce in Ontario?

Having a separation agreement in place before you file for divorce is generally a smart approach, though it is not legally required. A separation agreement is a written contract between you and your spouse that sets out how you have agreed to deal with property division, spousal support, parenting, and child support. Once both parties sign it and it meets the formal requirements, it is legally binding.

Resolving these issues by agreement before the divorce makes the divorce application much simpler. When the court reviews your divorce, it needs to be satisfied that child support is addressed; if your separation agreement already covers this, you just need to include it with your materials. You avoid the risk of a judge putting the brakes on your divorce because something is unresolved.

A separation agreement can also be created and signed as soon as you separate — you do not need to wait until you are ready to file for divorce. Some couples enter into an agreement and then live with it for a year or more before ever filing. Others negotiate it in parallel with the divorce. Either approach works. What matters is that the agreement is complete, both parties understood what they were signing, and ideally each received independent legal advice.