Yes, an individual may prepare their own separation agreement in Ontario. There is no legal requirement to have a lawyer draft the agreement. However, to be legally binding and enforceable, it must still meet the requirements set out under Section 55(1) of the Family Law Act (e.g. the agreement must be in writing, signed by both parties, and witnessed).

Independent legal advice

An individual may draft their own separation agreement and have it reviewed by a lawyer before signing it. This is called independent legal advice. In this case, independent legal advice means that each partner retains their own lawyer to review the agreement. The lawyer provides objective and unbiased legal advice about the nature and consequences of the agreement.

Common risks and mistakes:

• Incomplete financial disclosure
• Unclear, missing, or vague terms
• Missed legal requirements (i.e. both parties did not sign the agreement)

Get help

Going through a separation or divorce is stressful, but having a Separation Agreement in place can provide clarity, certainty, and peace of mind. Get your DIY Separation Agreement quickly and affordably with Legal Line Documents. Start now—it only takes a few minutes.

A criminal record will affect child custody and adoption. To erase your criminal record, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.

								
You now have 3 options:
								

									
More answers about Family Law
									
Master List: 2,500 Legal Answers
																													
																		
Government Links