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👨‍👩‍👧 Family Law

Separation Agreement

A basic separation agreement template covering property division, spousal support, and parenting arrangements.

Family Law
Canada
Google Doc (editable copy)
Free
Disclaimer: This template is provided for general informational purposes only and does not constitute legal advice. Laws vary by province and individual circumstances differ. For important legal matters, consult a qualified lawyer.

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A separation agreement is a legally binding contract between spouses or common-law partners who have decided to live apart, setting out the terms of their separation. It can address every major issue arising from the end of a relationship — property division, spousal support, child support, parenting arrangements, and the family home — without requiring a court order.

Why a separation agreement matters

A properly drafted separation agreement provides certainty, avoids litigation, and can be filed with the court to become enforceable as a court order. It also establishes the date of separation, which is legally significant for property division, limitation periods, and divorce eligibility (one year of separation is required for a no-fault divorce in Canada).

Requirements for enforceability

To be enforceable, a separation agreement must be in writing, signed by both parties, and witnessed. Both parties must provide full financial disclosure. Each party should have independent legal advice. Agreements made under duress, without disclosure, or that are grossly unfair may be set aside by a court.