Separation Agreements and Divorce in Ajax

Who this helps

Married and common-law spouses who have separated or are planning to, whether you agree on most things or need help negotiating. We also give independent legal advice to a spouse whose partner has had an agreement drafted.

Separation agreements

A separation agreement is a written contract that settles issues such as parenting, child and spousal support, the matrimonial home and the division of property. To be enforceable it must be in writing, signed by both spouses and witnessed. Full financial disclosure and independent legal advice for each spouse make an agreement much harder to challenge later.

Divorce in Ontario

Under the Divorce Act, the most common ground is that you and your spouse have lived separate and apart for at least one year. You can file before the year is up, but the divorce cannot be granted until it has passed. A divorce can be simple (one spouse applies), joint (both apply together) or part of a broader case that also deals with parenting, support or property. A divorce generally takes effect 31 days after the order is made.

A religious divorce does not end a marriage legally in Ontario. See Muslim family law for how faith and civil divorce interact.

The process

1. Consultation: we identify the issues and your options.
2. Financial disclosure from both spouses.
3. Negotiation, mediation or, where needed, a court application.
4. A signed separation agreement or court order.
5. The divorce application once the one-year separation has passed.

Documents to bring

• Marriage certificate and date of separation
• Last three years of income tax returns and notices of assessment
• Recent pay stubs and pension statements
• Statements for bank, investment and RRSP accounts, and debts
• Property information: home appraisal or listing, mortgage statement
• Any existing agreement, such as a marriage contract

Fees

We accept Legal Aid Ontario certificates for eligible family law matters. If you are not using a certificate, we explain the fee arrangement and give you a written estimate or quote before any work starts. Court filing fees and other disbursements are explained separately. See how much a divorce costs in Ontario.

Next step

Book a consultation to discuss your situation. See our family law services in Ajax and across Ontario.