Do You Need an Interim Agreement Before a Full Separation Agreement in Ontario?

When a relationship ends, the practical questions — who pays for what, where the children sleep this week, who stays in the house — don't wait for a final agreement to be negotiated. Many separating couples in Ontario use an interim agreement before a separation agreement is finalized, putting a short-term framework in place so daily life can continue while the bigger financial and parenting questions are worked out. It isn't a substitute for a full agreement — it's a bridge to one.

Negotiating a full separation agreement can take time, especially where a business, pension, or contested parenting arrangement is involved. Without something in writing in the meantime, informal arrangements can drift, and one spouse may later argue that a "temporary" pattern quietly became the new normal. An interim agreement is meant to close that gap directly, on paper, before it becomes a dispute of its own.

This guide walks through what an interim agreement typically covers, how it differs from the eventual full agreement, and what to do to make sure it actually holds up in the meantime.

What an Interim Agreement Is (and Isn't)

• A short written agreement, signed by both spouses or partners, that addresses immediate issues — usually parenting time, decision-making responsibility, child support, and sometimes spousal support or use of the home.
• Meant to be temporary. It's often described as "without prejudice" to the final settlement, meaning neither spouse can later point to it as an admission of what the permanent deal should look like.
• Not a substitute for full financial disclosure or a considered property settlement. Property division and long-term support terms are usually left for the full separation agreement, once both sides have exchanged complete financial information.

When Couples Use One

• Negotiations over property, a business, or a pension are expected to take a while, but children still need a consistent routine now.
• One spouse has moved out and support needs to start flowing before a full accounting of income is complete.
• There's general agreement about how the next few months should run, even if bigger-picture terms are still contested.
• A lawyer or mediator is still gathering financial disclosure, and a placeholder is needed to avoid the "temporary becomes permanent" problem.

What to Include

• [ ] A temporary parenting time and decision-making schedule
• [ ] Child support, usually calculated on a guideline basis using each parent's income, noted as subject to revisiting once income is confirmed
• [ ] Temporary spousal support, if applicable, also subject to revisiting
• [ ] Who stays in the home in the meantime, and who pays which bills
• [ ] A clear statement that the agreement is interim and "without prejudice," and doesn't bind either party to these terms in the final agreement
• [ ] A review date or trigger — for example, "once both parties have exchanged financial disclosure"

Interim Agreement vs. Full Separation Agreement

Making It Enforceable

An interim agreement is still a domestic contract under Ontario's Family Law Act, and the same formal requirements apply: it must be in writing, signed by both people, and signed in front of a witness. There's no requirement to have it notarized or approved by a court. If support terms in the interim agreement are later filed with the court, they can be enforced the same way a court support order is — including through Ontario's Family Responsibility Office.

Frequently asked questions