What happens if my spouse won't sign a separation agreement?

If your spouse refuses to negotiate or sign a separation agreement, you cannot force them to do so — agreements are voluntary contracts. However, their refusal to sign does not mean you are stuck with nothing. It means your divorce and the related issues (property, support, parenting) will likely need to be resolved through the courts rather than by agreement.

You can apply to the Ontario Superior Court for orders dealing with parenting time, decision-making responsibility, spousal support, child support, and equalization of net family property under the Family Law Act. These court orders have the same legal effect as agreed-upon terms — they are just determined by a judge rather than negotiated between you.

The court process for resolving these issues is typically slower and more expensive than negotiation, but it is the appropriate remedy when agreement is not possible. Often, the process of engaging lawyers and proceeding toward court encourages the other spouse to reconsider and negotiate. Many matters settle at a case conference or through mediation even after court proceedings have started.

If your divorce is otherwise uncontested — meaning the one year is up and your spouse doesn't dispute the divorce itself — you can still get the divorce even if property issues are ongoing.