Yes, you can file for divorce in Canada without a separation agreement, though having one is recommended.
Filing for divorce without a separation agreement is legally possible in Canada, but having a formal agreement can make the divorce process smoother and more efficient. A separation agreement helps establish clear terms for important matters like:
- Property division and asset distribution
- Child custody and parenting arrangements
- Spousal and child support obligations
- Division of debts and financial responsibilities
While not mandatory, working with a family law professional or divorce mediator to create a separation agreement can help prevent future disputes and streamline your divorce proceedings. This is especially important when children or significant assets are involved.