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 | Free Consultations
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
Freeconsultation
All new clients receive a free initial consultation, 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.
We represent Toronto clients at every stage of the separation process, from negotiating the initial terms through to signing a final, binding agreement.
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
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
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 experts
Mediation referrals where appropriate
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 a Consultation
Separation Agreements, Free Initial Consultation
Our family lawyers offer free initial consultations. 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
4750 Yonge St, Suite 600, North York, ON M2N 0J6
Oakville
277 Lakeshore Rd E, Suite 408, Oakville, ON L6J 1H9
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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.
Past Results & Testimonials
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