Family law

The separation agreement checklist: what has to be settled before you sign

A complete agreement generally deals with all of the following.

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A complete agreement generally deals with all of the following. If yours is silent on one of them, ask why.

1. Parenting time and decision-making responsibility. 2. Child support — the table amount under the Child Support Guidelines, plus each parent's share of special or extraordinary expenses. 3. Spousal support — amount and duration, or an explicit release. 4. The matrimonial home. 5. Equalization of net family property, for married spouses. 6. Pensions. 7. Debts — who carries what, and what happens if they don't. 8. Life insurance securing support obligations. 9. How future disputes get resolved.

And two that sit underneath all of it: full and honest financial disclosure, and independent legal advice for each party. Incomplete disclosure is far and away the most common reason an agreement gets set aside years later.

General information about Ontario law, not legal advice, and rules change. Nothing here creates a solicitor–client or paralegal–client relationship. For advice on your own situation, get in touch.

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