Separation Agreement Template (Married Couples)

Legal clauses in Separation Agreement template include:

• Background
• Definitions
• Purpose of the agreement
• Mutual respect and privacy
• Parenting plan (if applicable)
• Child support (if applicable)
• Spousal support release
• Division of property
• Matrimonial home
• Medical and dental benefits
• Dispute resolution
• Releases
• General provisions

Legal clauses in the Parenting Plan Agreement template include:

• Introduction
• Parenting principles
• Regular parenting time
• Decision-making responsibilities
• Day-to-day decisions
• Education
• Extracurricular activities and lessons
• Children’s clothing and belongings
• Consultation with professionals, information sharing and parties’ participation rights
• Religion, culture, language and ethnicity
• Travel
• Passports
• Both parties to be named on forms and as emergency contacts
• Important documents related to the children
• Local moves
• Relocation
• Name change
• Phone, email, and other electronic access
• Social media and online presence
• Non-disparagement; Relationships with extended family
• Contingency plan
• Parenting plan review
• Regular parent meetings

• Customizable Separation Agreement (Married Couples) Template (MS Word format)
• Customizable Parenting Plan Agreement (Married Couples) Template (MS Word format)
• Detailed Instructions
• Companion Guide
• Sample Separation Agreement (Married Couples)

This template is a comprehensive, personalized separation agreement for married couples. It works best for amicable, uncontested separations where both parties agree on key family law matters. It helps to create a clear plan for your separation and beyond.

When to Consult a Lawyer

While this template works for many, certain situations may require legal advice. Consider consulting a lawyer if:

• There is high conflict, a power imbalance, or a history of family violence.
• Either partner struggles with serious mental health or substance abuse issues.
• You are seeking spousal support, an equalization payment, or a share of the other’s pension.
• There are disagreements over child support and/or parenting time.
• You own substantial assets or have complex business matters.
• You own multiple properties, such as a home and a cottage.
• There are unique family matters, such as split parenting arrangements.

For Unmarried Couples

If you are not legally married, use our Separation Agreement (Unmarried Couples) Template instead.

Unsure if This Template is Right for You?

If you’re uncertain, speak with a lawyer before moving forward. Legal advice ensures your separation agreement fits your family’s unique needs and circumstances. Take the time to feel confident that this document works for you.

Please note: All our legal products are tailored for individuals, families and businesses located in Ontario and are subject to the laws of the province.

This product was last updated in December 2024.

Separation and divorce are two related legal processes that involve the dissolution of a relationship. Separation occurs when two parties decide to live apart while still remaining legally married. In contrast, divorce refers to the legal dissolution of a marriage, which necessitates filing a divorce application in court and complying with specific legal requirements. While separation can often lead to divorce, it does not signify the end of a marriage. A divorce is finalized when a court issues a divorce order.

Yes, a separation agreement can be modified if both parties agree to the changes. The modifications must be documented in writing, signed by both parties, and witnessed, following the same legal requirements as the execution of the original agreement, as set out in section 55 of the Family Law Act. Modifications can be made by either creating a new agreement or amending the original document to reflect the agreed-upon adjustments.