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.