DocumentsSeparation Agreement
Separation Agreement
What is a Separation Agreement?
A Separation Agreement lists a married couple’s choices when preparing to separate. It can document temporary (trial) or permanent separations. It is also known as a marital separation agreement.
Generally, a Separation Agreement covers:
- Child support, health insurance, custody, and visitation rights
- Division of shared assets, particularly the marital home
- Who will be responsible for which debts
- Items that each spouse is entitled to
- Spousal maintenance
Separation Agreement
How do Separation Agreements affect divorce proceedings?
Our Separation Agreement template helps you create a document when you and your spouse are ready to separate. It guides you step-by-step through each section. You can then submit the agreement during divorce proceedings.
Having a Separation Agreement makes the legal process easier by helping the judge understand the details of your separation.
The courts craft a divorce certificate or decree if the couple proceeds with the divorce paperwork. If the couple still agrees to the Separation Agreement’s terms, they could become the official terms listed in the divorce decree. The Separation Agreement itself is no longer used when the divorce becomes official.
How long must a couple be separated before they can divorce?
You and your spouse must live apart for at least a year before you can divorce. This rule does not apply if you file for divorce due to adultery or abuse.
What does “living separately and apart” mean?
Generally, living apart means you and your spouse no longer act as if you are married. It doesn’t necessarily mean you live at separate addresses. Evidence of living separately and apart can include:
- Not participating in the same activities
- Dividing household responsibilities
- Segregating assets and finances
- Refraining from sexual relations
- Communicating less often
- Eating meals separately
- Creating a smooth transition process for other family members
- Focusing on co-parenting and child support duties
- Focusing on co-parenting and child support duties
When should I use a Separation Agreement?
You should consider creating a Separation Agreement if you’re:
- Getting divorced
- Entering a trial separation with your spouse (i.e., you remain married but live apart)
- Permanently separating from your spouse but want to stay legally married
Who is considered a spouse in this agreement?
Spouses are people who are legally married.
Frequently Asked Questions
Can I use this agreement if my partner and I are common-law?
No, you have to be legally married to use a Separation Agreement. Although common-law partnerships have no formal separation process, you can complete a Cohabitation Agreement to avoid potential conflict. This is especially beneficial if you share property.
When done correctly, a Cohabitation Agreement is a legally enforceable document.
Do both parties have to sign the Separation Agreement?
Both parties must sign the document for a Separation Agreement to become official. If your spouse refuses to sign the agreement, you can contact a lawyer or arbitrator to help settle the disagreement.Who can witness a Separation Agreement?
Who can witness a Separation Agreement?
The legal requirements for witnesses for a Separation Agreement in Canada can vary by province and territory. All witnesses must be legal adults with capacity. However, each province or territory may have additional requirements.