A Separation Agreement is a written agreement between two spouses who have separated or are about to separate. Each person may live in their own separate place, or both people live in the same home but are living separate lives.

The Agreement establishes the rights for each spouse, including who lives in the family home, how property will be divided, who will pay the family debts, who makes child and spousal support payments, who has custody of children, and what kinds of visiting rights the other parent will have. The end of a relationship involves important legal and financial matters which must be negotiated and finalized, and that is what a Separation Agreement is for.

Why are Separation Agreements important?

In Canada, a Separation Agreement is not mandatory, however, there are numerous reasons why a separation agreement is strongly recommended. A separation agreement can:

• Clearly define the rights and obligations of each party;
• Protect the financial interests of each party by clearly stating the responsibilities regarding the division of assets and debt;
• Allow each party to make decisions regarding important issues such as spousal support, child custody, and the division of property, such as a matrimonial home yourself, rather than a court;
• Save considerable costs compared having the matters decided in court; and
• A legal separation document is legally binding and enforceable in a court.

A Separation Agreement resolves most of the issues of separating and makes the separation easier. When possible, spouses who separate should try to reach an agreement and formalize it as a Separation Agreement as soon as possible. Although reaching an agreement shortly after spouses separate helps the spouses to get on with their lives, Separation Agreement can be made before or after a formal divorce (if applicable).

Get help

When you are separating, 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.

								
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