From information to a document you can review

What is a separation agreement?

It is a written agreement recording arrangements between partners who have separated. Depending on the circumstances, it may address the home, other property, debts, support, parenting arrangements and how future issues will be handled. It does not itself end a marriage or grant a divorce.

This is different from the Service Canada separation declaration, which is used for specific benefit purposes and does not settle the couple’s financial or family arrangements.

Information to prepare

• Full legal names, contact details and the province or territory connected with the agreement.
• Marriage or cohabitation details and the date of separation.
• Financial disclosure and the assets, debts, pensions or property that need to be addressed.
• Any discussed support and parenting arrangements, including unresolved questions.
• Existing agreements, orders, proceedings, and the reason the document is needed.

You do not need to send identification numbers, bank account numbers or full financial records in an initial enquiry.

Signing, originals and the witness affidavit

Tell us if each party needs an original signed agreement. We can help arrange the signing appointment and, where appropriate, commissioning of an affidavit from the witness who actually attended the signing. The provider will confirm the number of copies, witnesses and affidavits needed for your circumstances.

Requirements vary across Canada. In Ontario, a domestic contract must be in writing, signed by the parties and witnessed. Notarization is not an additional universal requirement under that rule. Other jurisdictions and receiving organizations may have different requirements.

When to speak with a family lawyer

Each party should obtain independent advice before signing, particularly where there are children, support obligations, real estate, pensions, businesses, unequal bargaining power, pressure, or disagreements. Financial disclosure and understanding the agreement matter. A signed agreement can still be challenged in appropriate circumstances.

NOTG is not a law firm. Our general information and document-preparation tools do not provide legal advice, calculate entitlement or negotiate a settlement for you. A lawyer engaged separately determines their own scope and fees.

Already have an agreement? You can ask us about signing and commissioning without using a drafting tool. See eligible uncontested divorce support for a separate service with its own eligibility requirements.

Fees

Using an NOTG separation-agreement drafting tool is free. Signing, witnessing and commissioning are separate specialized services, with the fee confirmed before your appointment. The same signing fee applies whether you prepared the document using our tool or brought your own.

Common questions

Reference: Ontario Family Law Act, Part IV. This guide is general information; provincial requirements and your circumstances must be checked.