A separation agreement can be rendered void and unenforceable if it does not meet the legal requirements under Section 55(1) of the Family Law Act (e.g.. the agreement must be in writing, signed by both parties, and witnessed). Under Section 56(4) of the Family Law Act, the Court can set aside all or part of the agreement and render it unenforceable.

An agreement is unenforceable under Section 56(4) if:

• A party failed to disclose significant assets, debts, or other liabilities that existed at the time the agreement was made
• A party did not understand the nature or consequences of the agreement
• The agreement is invalid under general contract law principles

Separation agreements must be signed voluntarily. In Ontario, the use of intimidation, threats, or coercion can render the agreement unenforceable. The Court also has broad discretion to question whether an agreement was properly understood and fairly negotiated if its terms appear one-sided and unfair.

Common reasons Agreements are void:

• Incomplete financial disclosure – failing to disclose income, debts, etc.
• Duress or coercion – a party is being pressured or threatened into signing
• Failing to meet the legal requirements under Section 55(1) of the Family Law Act

How to prevent an Agreement from being unenforceable

• Full and honest financial disclosure – to prevent your agreement from being set aside in the future, provide honest, verifiable financial disclosures when drafting the agreement
• Avoid pressuring or threatening the other party, and be mindful of any imbalance in bargaining power

Get help

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

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