2. Make a separation agreement

What if my partner and I agree on what to do after we separate or divorce?
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2. Make a separation agreement

Your separation agreement has to follow certain rules to make it binding and enforceable under the law. This means your agreement is made in a way that allows the court to order you or your partner to do what the agreement says, if either of you stop following it.

For example:

  • Child support: The law says that the amount of child support you agree to has to be reasonable. Child support is reasonable if it is similar to the amount in the Government of Canada's child support tables or other support arrangements have been made for the children.
  • Spousal support and dividing property: The law says that you and your partner must honestly tell each other about all your finances. This is sometimes called financial disclosure.

If your separation agreement didn't follow these rules, you or your partner can ask the court to set aside your agreement. This means asking the court to allow you not to follow the agreement.

If this happens, you and your partner can make a new separation agreement that follows the rules or the court can decide what happens.

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Law Society of Ontario
Reviewed: July 15, 2019

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