A legal separation in Ontario requires a formal separation agreement outlining terms between spouses
In Ontario, legal separation involves creating a binding document that addresses how separating spouses will handle their affairs while living apart. Unlike divorce, no court application is required to separate.
The typical process includes:
- Drafting a separation agreement that covers child custody, support payments, property division, and debt responsibilities
- Consulting with a family law lawyer to understand your rights and obligations
- Optional mediation services to help negotiate terms if spouses cannot agree
- Having both parties review and sign the agreement in front of witnesses
- Getting independent legal advice before signing to ensure the agreement is legally sound
Once signed, this agreement becomes a legally binding contract that protects both parties’ interests and can later be used as the foundation for divorce proceedings if desired.