Toronto Separation Agreement Lawyers, Protect What You Built
Our Toronto separation agreement lawyers at 55 University Avenue draft, negotiate, and review legally binding separation agreements covering property division, spousal support, parenting, and debt allocation, before the ink dries on anything.
Separation AgreementCohabitation AgreementsDivision of PropertySpousal SupportIndependent Legal Advice55 University Ave
55 University Avenue, Toronto | Separation Agreements | ILA Certificates | Same-Week Appointments | Initial Assessments
Toronto Separation Agreement Lawyers, Protect What You Built, key facts
ILARequired
Independent Legal Advice certificate required for a separation agreement to be enforceable in Ontario
6month rule
Courts will set aside agreements signed under duress, without ILA, or without full financial disclosure
2year limit
Limitation period to challenge a separation agreement in Ontario, act quickly if you have concerns
15min assessment
All new clients receive a 15-minute initial assessment, no obligation to retain
Separation Agreements
Why a Separation Agreement Matters, and Why It Has to Be Done Right
A separation agreement is a private contract between two separating spouses that resolves all or most of the legal issues arising from the breakdown of a marriage or common-law relationship. When properly drafted, it is legally binding and enforceable in Ontario court.
But "properly drafted" carries significant weight. Ontario courts will set aside a separation agreement, or refuse to enforce it, if either party lacked independent legal advice, if there was a failure to disclose financial information, if one party signed under duress, or if the agreement is unconscionable on its face. A separation agreement prepared without a lawyer is not just risky. It is often worthless.
Our Toronto separation agreement lawyers have drafted and reviewed hundreds of agreements across every level of complexity, from straightforward separations with no property and no children, to multi-property, business-owning, high-net-worth files with contested spousal support and complex parenting provisions. We draft agreements that are built to last.
Ontario Family Courts
Ontario Family Courts, Toronto Locations
Our office is within reach of the key courts for your matter. We appear in these courts regularly and know the local judicial culture well.
Ontario Superior Court of Justice, Toronto
361 University Ave, Toronto, ON M5G 1T3
5 min walk
Handles divorce, property division, and all family matters connected to a marriage. Separation agreement disputes are filed here.
270+ Google reviews, complimentary 15 minute assessment
Your Legal Team
Lawyers licensed by the Law Society of Ontario
270+ Google reviews, complimentary 15 minute assessment
Our Practice
Separation Agreement Services in Toronto
We represent Toronto clients at every stage of the separation process, from negotiating the initial terms through to signing a final, binding agreement.
Your Legal Team
Lawyers licensed by the Law Society of Ontario
270+ Google reviews, complimentary 15 minute assessment
Drafting Your Separation Agreement
Separation Agreements, Toronto
A separation agreement drafted by Lexaltico covers all issues arising from your separation in a single document: how property is divided, who pays what support and for how long, how parenting time and decision-making will work, and how shared debts are allocated. We draft for clarity and durability, agreements that do not create ambiguity and do not need to be reopened every two years.
Property and asset division
Spousal and partner support terms
Child support (table amount + s. 7 expenses)
Parenting plan and decision-making
Debt allocation and indemnification
Pension and RRSP division
Business interest provisions
Life insurance and WSIB obligations
Your Legal Team
Lawyers licensed by the Law Society of Ontario
270+ Google reviews, complimentary 15 minute assessment
Reviewing a Separation Agreement (ILA)
Independent Legal Advice, Toronto
If your spouse has presented you with a separation agreement prepared by their lawyer, you need your own lawyer to review it before you sign. Independent Legal Advice (ILA) is not optional. It is the single most important protection you have. We review agreements thoroughly, explain every provision in plain language, identify terms that are unfair or unenforceable, and advise you on whether to sign, negotiate, or refuse.
Complete agreement review
Explanation of all provisions
Identification of unfair or illegal terms
Negotiation of amendments
ILA certificate on signing
Advice on enforceability and variation
Your Legal Team
Lawyers licensed by the Law Society of Ontario
270+ Google reviews, complimentary 15 minute assessment
Negotiating Separation Terms
Separation Agreement Negotiation, Toronto
When spouses cannot agree on the terms of separation, our Toronto family lawyers negotiate directly with the other side, or with their counsel, to reach a resolution that protects our client's interests. Most separation agreements are reached through negotiation rather than litigation. We approach every negotiation with the goal of reaching a fair, durable outcome without unnecessary conflict or cost.
Negotiation of property division
Support amount and duration
Parenting arrangements
Business valuation and buyout terms
Collaboration with financial and valuation lawyers
Mediation referrals where appropriate
Related reading
An agreement negotiated privately never enters a court file, which for anyone with a business or a public profile is often the point. Keeping a separation out of the public record explains what is actually public and what is not.
Collaborative family law is a structured route to the same agreement, conducted on the commitment that nobody involved will go to court.
Most Ontario separations are resolved by agreement rather than by a judge, and the difference between a good settlement and a poor one is almost never who was more aggressive. Settling out of court covers four way meetings, disclosure, and what makes an agreement survive a challenge under section 56.
A mediator can help two people reach an agreement but cannot advise either of them on whether it is a good one, which is why independent legal advice is not a formality. How family mediation works explains the division of roles.
Common Questions
Frequently Asked Questions
Does a separation agreement need to be notarized or filed with a court?
No. A separation agreement in Ontario does not need to be notarized or filed with a court to be valid. It becomes legally binding when both parties sign it with Independent Legal Advice. However, if you want to enforce child support or spousal support provisions through the Family Responsibility Office (FRO), the agreement will need to be filed with the court.
Can a separation agreement be changed after it is signed?
Yes, but only with the agreement of both parties or by a court order. Courts will vary (change) a support provision if there has been a material change in circumstances since the agreement was signed, a significant change in income, a change in the child's needs, or a change in the other party's means. Property division terms, once agreed, are generally final.
What happens if my spouse refuses to sign?
If your spouse will not agree to the terms of a separation agreement, you cannot force them to sign one. The alternative is to bring an application in court for the same relief, property division, support, parenting orders. A negotiated agreement is almost always faster and less expensive than litigation, but it requires both parties to reach agreement.
Do I need to separate before signing an agreement?
You must be separated to enter into a separation agreement in Ontario. However, you do not need to have lived apart for any specific period of time before negotiating and signing one. Many couples negotiate and sign an agreement within weeks of separating.
Can we use one lawyer for our separation agreement?
No. The same lawyer cannot act for both spouses in a separation agreement. This is prohibited by the Law Society of Ontario. Each party must have their own independent legal counsel. One lawyer can draft the agreement for one party; the other party must retain separate counsel to review it and provide ILA.
What is the difference between a separation agreement and a divorce?
A separation agreement is a private contract resolving the legal issues between spouses. A divorce is a court order dissolving the legal marriage. You do not need a divorce to have a valid and enforceable separation agreement. Many separated couples have fully binding agreements in place for years before either applies for a divorce.
Book My 15-Minute Assessment
Separation Agreements: Book My 15-Minute Assessment
Our family lawyers offer a 15-minute initial assessment for most matters. Call us, email us, or use our contact form to book your appointment.
Lexaltico LLP
Downtown Toronto
55 University Ave, Suite 1100 Toronto, ON M5J 2H7
Mississauga
90 Matheson Blvd W, Suite 101, Mississauga, ON L5R 3R3
North York
2 Sheppard Ave East, Suite 303, Toronto, ON M2N 5Y7
Oakville
277 Lakeshore Rd E, Suite 408, Oakville, ON L6J 1H9
This page is general information about Ontario law published by Lexaltico LLP. It is not legal advice, it does not account for the facts of any particular situation, and reading it does not create a solicitor-client relationship. Law changes, and how it applies depends on your circumstances. For advice on your own matter, speak with a lawyer.
Free, 5 questions, no email required
Where does your separation actually stand?
Five questions about the facts that shape a separation in Ontario. No figures, and no prediction. Just which rules are engaged and what is time sensitive.
This is general information about Ontario law, not legal advice, and it does not
create a solicitor client relationship. It gives no estimate of value. Lexaltico LLP is regulated by the
Law Society of Ontario.
Separated, or about to be? Speak to a family lawyer about your next step.
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Legal Notices & Disclaimers
No Solicitor-Client Relationship
Use of this website does not establish a solicitor-client relationship between you and Lexaltico LLP. Such a relationship is only formed when Lexaltico LLP has expressly confirmed in writing that it has agreed to act on your behalf. Until that confirmation is provided, no obligation of confidentiality exists.
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Confidentiality of Enquiries
Do not submit confidential information through this website or by email until a solicitor-client relationship has been confirmed in writing. Information submitted before that point will not be treated as confidential.
Law Society of Ontario Regulation
Lexaltico LLP is regulated by the Law Society of Ontario (LSO) under the Law Society Act, R.S.O. 1990, c. L.8. All lawyers are members in good standing. Alberta matters are handled by lawyers licensed with the Law Society of Alberta (LSA).
Law Society of Alberta
Our Alberta-licensed lawyers are members in good standing of the Law Society of Alberta (LSA).
Immigration Regulatory Body: CICC
Immigration consulting services are provided by Regulated Canadian Immigration Consultants (RCICs) in good standing with the College of Immigration and Citizenship Consultants (CICC) under the College of Immigration and Citizenship Consultants Act, S.C. 2019, c. 29, s. 292.
Estimator & Calculator Tools
The Severance Estimator and Estate Dispute Evaluator are for informational purposes only. Results are estimates and do not account for specific contractual terms, statutory provisions, or judicial discretion. These tools do not create a solicitor-client relationship. Always seek independent legal advice before making any legal decision.
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Your personal information is protected in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA), S.C. 2000, c. 5 and Canada's Anti-Spam Legislation (CASL). We do not sell your information. Withdraw consent at any time: hello@lexaltico.com.
Initial Assessment
The complimentary 15-minute initial assessment is a brief introductory conversation. It does not include a review of your documents and does not constitute legal advice. Lexaltico LLP charges a fee for substantive consultations, including civil litigation, criminal defence and immigration matters; the firm may waive that fee at its discretion. Any fee is disclosed in advance and credited in full toward your account if you retain the firm. Documents are reviewed and advice given only at a paid consultation or once the firm has been retained. No solicitor-client relationship arises, and no duty of confidentiality applies, until confirmed in writing.
Referral Fees: LexKonnect
All referral fee arrangements comply with Rule 3.6-6 of the LSO Rules of Professional Conduct. Fees are disclosed to and consented to by the client. No arrangement impairs independent professional judgment.
Limitation Periods
Failure to commence proceedings within applicable limitation periods may permanently bar your claim. In Ontario, the general limitation period is two (2) years from discovery under the Limitations Act, 2002, S.O. 2002, c. 24, Sched. B. Seek legal advice promptly.
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We aim to reply to enquiries within one business day. Contacting us does not guarantee a reply within any particular period, does not create any obligation on the firm to act, and does not stop, extend or satisfy any limitation period, filing date or court deadline that applies to your matter.
Our Telephone Line
Our line is answered 24 hours a day, every day of the year. Outside office hours calls are taken by our intake service, who record your details and pass them to the firm. A lawyer responds during the next business day, or sooner if the matter is urgent. Answering the telephone is not the same as giving legal advice: no advice is given on that call and no solicitor-client relationship arises from it. If you or a child are in immediate danger, call 911.
Reviews and Testimonials
Reviews shown on this site are written by third parties and published on platforms we do not control. Each describes one person’s experience of one matter. They are not a promise, a prediction or a guarantee about any other matter, and they should not be read as a statement about the quality of legal services generally. Every case turns on its own facts.
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Accessibility
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Lawyers, Paralegals and Consultants
Not everyone at the firm is a lawyer. Licensed paralegals in Ontario may act only within the scope permitted by the Law Society of Ontario, which does not include most family, estate or criminal matters. Immigration consulting may be provided by Regulated Canadian Immigration Consultants, who are not lawyers. Each page and each biography states which applies. Ask us at the outset who will handle your matter and under which licence.
Languages
We serve clients in a number of languages. Every page of this site is written and published in English. Where a document, a summary or a conversation is provided in another language, the English version governs in the event of any difference. If you need an interpreter, tell us when you book and we will arrange one.
Lexaltico LLP
Legal Notices
How Lexaltico LLP handles personal information, under PIPEDA and Ontario law.
What we collect
What you give us
When you use a form on this site, email us or telephone us, we collect what you choose to send:
your name, email address, telephone number and a description of the situation. Nothing on this
site requires you to give more than that.
What is collected automatically
We collect non identifying technical information when you browse: IP address, browser type, pages
viewed and time spent. It is used to understand how the site is used and to improve it. It is not
used to identify you.
What we do not collect here
We do not collect sensitive personal information through this website. Detailed personal and legal
information is collected only after a solicitor client relationship exists, through the channels
set up for that purpose.
How we use it
Purpose
What you send is used to reply to you, to run a conflict check, to assess whether the firm can
assist, and, if a retainer follows, to carry out the work.
Marketing
We do not use your personal information for marketing without your express consent, and we
do not sell, rent or trade it. If you consent to receive anything from us, every message
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Sharing and disclosure
Privilege
Information given to us in the course of a legal matter is protected by solicitor client
privilege. We do not disclose privileged information without your consent, except where the law or
a court order requires it.
Service providers
Non privileged contact information may be shared with the providers who help us run the firm and
this website, and with people engaged on your matter such as translators, agents and court
reporters. All of them are under confidentiality obligations.
Processing outside Canada
Information submitted through a form travels through third party services in order to reach us by
email, and may be processed or stored outside Canada, where it can be subject to
the laws of that place. Submitting a form is your consent to that transfer. If you would rather
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What is set, and when
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You can change your answer at any time by clearing this site’s cookies in your browser, which
brings the question back.
Your rights, and how long we keep things
Your rights under PIPEDA
Under the Personal Information Protection and Electronic Documents Act,
S.C. 2000, c. 5 you may ask what personal information we hold about you, ask us to correct
anything inaccurate, and withdraw consent to our use of it, subject to legal and contractual
limits. We reply within thirty days or explain why we need longer.
Retention
Client files are kept for the period the law and the Law Society require, ordinarily
seven years after a matter closes, which reflects limitation periods and the
possibility of later proceedings. After that they are securely destroyed or anonymised. You may
ask for earlier deletion, subject to those obligations.
Enquiries that do not become files
If you contact us and no retainer follows, what you sent is retained only as long as our conflict
records require, then destroyed.
If you are not satisfied with our answer you may complain to the Office of the Privacy
Commissioner of Canada.
Short, and written to be read rather than scrolled past.
The four things that matter most
Nothing on this site is legal advice, however specific it looks.
Using the site or sending a form does not make us your lawyers.
Do not send confidential information before a retainer is signed.
Past results depend on their own facts and do not predict yours.
What this site is
Information, not advice
This site publishes several hundred pages about Ontario law. They are written carefully, they cite
statutes and cases by name, and they are reviewed. None of that makes them advice about your
matter. Law is applied to facts, and we do not know yours.
The difference is practical rather than technical. A page explaining that spousal support is
usually indefinite after a twenty year marriage is accurate as a general statement and may be
wrong about you, because of a domestic contract you signed, a period of separation you have
forgotten, or an income that is not what a tax return says it is.
Law also changes. Pages carry a review date where one is relevant. A page reviewed last year may
not reflect an amendment made since, and a page about a subject currently before an appellate
court may be overtaken between your reading it and your acting on it.
When we become your lawyers
Three things must happen first
A conflict check must be completed. We act for a great many people and
businesses, and we cannot act against a current client or use what we learned from a former one.
That check happens before anything else and occasionally means we have to decline.
We must confirm in writing that we are prepared to act. Not every matter is one we
can take, and saying so early is better than taking a file we cannot properly serve.
A retainer agreement must be signed. It sets out what we are doing, what we are
not doing, who is responsible for what, and how fees work. Until it is signed no relationship
exists, whatever has been discussed.
Confidentiality before a retainer
Why you should not send us documents yet
Information sent through a form, or by email, before a retainer is signed is not covered by
solicitor client privilege. That is not a policy we chose. It follows from there being no
solicitor client relationship for the privilege to attach to.
It can also create a problem for you. If you send us detailed information about a dispute and we
are later approached by the other side, what you sent may affect whether we can act for either of
you.
So tell us the shape of the problem and leave out the detail: the area of law, roughly when it
arose, and whether anything is urgent. That is enough for us to say whether we can help. The
documents come after the retainer.
Results, testimonials and reviews
What they do and do not tell you
Case results described anywhere on this site are real and are described accurately, and they are
specific to their own facts. A settlement at three times the original offer happened because of
that employer, that contract and that person’s history. It says nothing about what your
matter is worth.
Client reviews are the views of the people who wrote them. We do not offer anything in return for
a review, we do not write them, and we do not ask only the clients we expect to be positive.
Calculators on this site produce estimates from the figures you enter. They apply published
formulas and they cannot know about the facts that most often change the answer.
Copyright, links and governing law
Copyright
The content of this site belongs to Lexaltico LLP or its licensors. You are welcome to read it,
print it and quote it with attribution. You may not republish it as your own.
Links
We link to statutes, regulations, court decisions and government pages because a reader should be
able to check us. We do not control those sites and are not responsible for them, and a link is
not an endorsement.
Limitation of liability
To the fullest extent the law permits, Lexaltico LLP is not liable for any loss arising from your
use of, or reliance on, anything published on this website.
Governing law
These terms are governed by the law of Ontario and the federal law of Canada that applies in
Ontario. Lawyers and licensed professionals at the firm are regulated by the Law Society of
Ontario, and marketing on this site is intended to comply with the
Rules of Professional Conduct.
Every limit on what this website tells you, and every thing it does not do, in one
place rather than in small print at the bottom of each page.
Before you rely on anything here
Four limits, and they matter in this order.
Not legal advice
Everything published on this website is general information. It is not legal
advice, it does not take account of the facts of any particular situation, and reading it does not
create a solicitor client relationship. Do not act, or decide not to act, on anything here without
speaking to a lawyer licensed in your jurisdiction about your own circumstances.
Jurisdiction
These pages describe the law of Ontario, and of Alberta only
where a page says so expressly. They do not describe the law of any other province, territory or
country. Law that looks similar across jurisdictions frequently is not.
Currency of the law
Each page states the law as at the review date shown on it. Legislation is amended and case law
develops. A page accurate when written may no longer be.
Generality
These pages describe how a rule usually works. That is not the same as how it applies to your
facts. The exceptions are where most real matters live, and a page written for a general reader
cannot tell you whether you are inside a rule or inside its exception.
If you contact us
If you are in danger
If you or a child are in immediate danger, call 911.
This website is not an emergency service. Enquiries sent through a form here are read during
business hours and a reply may take up to one business day.
Using this website, submitting a form, sending an email or speaking to us on the telephone does
not make us your lawyers. That relationship arises only when the firm has
confirmed in writing that it has agreed to act, a conflict search has been completed, and a
retainer has been signed.
Confidentiality of enquiries
Do not send confidential or sensitive information through this website or by email until we have
confirmed in writing that we can act for you. Information sent before that point is
not treated as confidential and may prevent us from acting for you, or for
someone else, in a connected matter.
Response times
We aim to reply within one business day. Contacting us does not guarantee a reply within any
particular period, does not oblige the firm to act, and does not stop, extend or satisfy
any limitation period, filing date or court deadline.
Our telephone line
Our line is answered 24 hours a day, every day of the year. Outside office hours calls are taken
by our intake service, who record your details and pass them to the firm. A lawyer responds during
the next business day, or sooner if the matter is urgent. Answering the telephone is not the same
as giving legal advice, and no relationship arises from that call.
Who we are and how we are regulated
Law Society of Ontario
Lexaltico LLP is regulated by the Law Society of Ontario under the
Law Society Act, R.S.O. 1990, c. L.8. All lawyers practising in
Ontario through the firm are members in good standing.
Law Society of Alberta
Alberta matters are handled by lawyers licensed with, and in good standing with, the
Law Society of Alberta. A lawyer licensed in Ontario is not thereby licensed in
Alberta, and the reverse is also true.
Immigration regulation
Immigration consulting is provided by Regulated Canadian Immigration Consultants
in good standing with the College of Immigration and Citizenship Consultants under the
College of Immigration and Citizenship Consultants Act, S.C. 2019, c. 29,
s. 292.
Lawyers, paralegals and consultants
Not everyone at the firm is a lawyer.
Licensed paralegals in Ontario may act only within the scope the Law Society
permits, which does not include most family, estate or criminal matters.
Immigration consultants are regulated by the College, not by a law society,
and are not lawyers.
Law clerks and managers support files but do not give legal advice.
Each page and biography states which applies. Ask at the outset who will handle your matter and
under which licence.
Languages
We serve clients in thirteen languages. Every page of this website is written and published in
English. Where anything is provided in another language, the English
version governs in the event of a difference. If you need an interpreter, tell us when
you book and we will arrange one.
Fees
The initial assessment
The complimentary 15 minute initial assessment is a brief introductory
conversation. It does not include a review of your documents and does not constitute
legal advice.
The firm charges a fee for substantive consultations, including in civil litigation,
criminal defence and immigration matters. The firm may waive that fee at its discretion.
Any fee is disclosed in advance and credited in full toward your account if you retain the
firm.
Referral fees
All referral fee arrangements, including through LexKonnect, comply with
Rule 3.6-6 of the Law Society of Ontario’s
Rules of Professional Conduct. Fees are disclosed to and consented
to by the client, and no arrangement impairs the independent professional judgment of any lawyer
at the firm.
What is published on this site
Calculators and estimators
They produce estimates from what you type and cannot know the rest. They do not
account for the terms of your contract, statutory exceptions, or the discretion a court will
apply. Do not make a decision on a number produced by a calculator.
Past results
Any outcome described happened on its own facts, before its own decision maker,
under the law as it stood at the time. Past results do not predict or guarantee the result of any
other case.
Reviews and testimonials
Reviews shown here are written by third parties and published on platforms we do not control. Each
describes one person’s experience of one matter. They are not a promise, a
prediction or a guarantee about any other matter.
Links to other websites
This site links to regulators, courts, government sources, professional associations and social
platforms, all operated by others. We do not control them, we are not responsible for
their content or accuracy, and a link is not an endorsement.
Other notices
Limitation periods
Failure to start a proceeding within the applicable limitation period may permanently bar
your claim. In Ontario the general period is two years from discovery
under the Limitations Act, 2002, S.O. 2002, c. 24, Sched. B.
Shorter periods apply to many claims. Seek advice promptly. Nothing on this website extends a
limitation period.
Accessibility
We aim to meet the Accessibility for Ontarians with Disabilities Act
and WCAG 2.1 Level AA. If any part of this site prevents you from reaching us, telephone
+1 416 333 6200 or write to
hello@lexaltico.com and we will provide the information
in another format, at no charge.