Yes. Circumstances may occur that make necessary to change a Separation Agreement. For example:

• Financial circumstances have changed (e.g. the partner making support payments begins earning more or less money)
• Custody issues (e.g. one partner has moved away, or children have finished school, moved out, or married)
• Changes in marital status or living arrangements
• One party requests a change to visitation rights

A new document may be written to replace the existing Separation Agreement, or an “amending agreement” or an “addendum” may be added to the existing Agreement.

If the parties cannot come to agreement regarding the changes, they can apply to the Court to decide and enforce the changes, or go to mediation or arbitration.

If the changes involve custody or support issues, usually a motion to change must be brought to the Court. The type of motion will depend on whether both parties agree on the change. Visit Ontario.ca for more information on making a motion to the Court for changes to your separation agreement in Ontario.

For any changes to be legal and recognized, they must be agreed upon, they must be formalized in writing and signed by both parties, and they must be witnessed by an independent third party.

It is best to consult with a lawyer to help draft the amendment or new document and ensure that it meets all legal requirements.

Get help

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