Tips to Complete The Template

Completing a separation agreement is an important step in formalizing the terms of your separation from your spouse or partner. This Guide will walk you through the process of filling out a separation agreement template. While templates provide a useful framework, it's crucial to understand that each situation is unique and may require specific considerations. This Guide aims to help you navigate through each section methodically, from basic personal information to other more complex matters.

Though using a template can be cost-effective, it is not a substitute for legal advice and we recommend having the final document reviewed by a legal professional to ensure it meets all legal requirements and adequately protects your interests.

Let’s get started! You will be provided with the template as a Word document. To fill out the template you need:

  1. The full legal names for both parties and dates of birth.

  2. Details about your current home, including how title is taken and any debts on the home.

  3. Employment and income information for both parties.

  4. Will spousal support be paid? For how long and what amounts? Is it a lump sum or a periodic payment? Remember there are tax consequences to how you classify spousal support payments.

  5. How are you dividing the value of your property? What assets and debts will you be keeping and what will your spouse keep? Who is responsible for debt?

  6. The value of your assets on the date of marriage.

  7. The value of any assets which are excluded property.

  8. Who will keep the matrimonial house or will it be sold?

  9. Who is responsible for the expenses pending sale?

  10. Will an equalization payment be made?

  11. Any other terms you and your partner have agreed to.

You also need to attach to your agreement, a Financial Statement. You will need to outline all of your assets and debts on the date of marriage and the date of separation. Don’t forget to include any disposition costs or taxes owed on your assets.

The values provided must be accurate and you must provide supporting documents to to your former partner. If you do not do full and accurate financial disclosure, your agreement can be set aside.

Who is Simple Separation Ideal For and Who it’s Not

Candidates for Simple Separation meet the following criteria:

  • They want an amicable separation

  • Partners who can communicate with each other

  • Both parties willing to negotiate fairly and compromise

  • Ability to discuss and agree on major decisions without significant conflict

  • Relatively simple financial situation

  • Straightforward asset division

  • Limited shared debts

  • Clear-cut property ownership

  • No complex business interests or investments

  • Straightforward pension/retirement account

  • Both parties have full knowledge of shared assets and debts

  • Transparent financial disclosure between partners

  • Clear understanding of household finances

  • General agreement on child parenting arrangements

  • Ability to cooperatively plan parenting schedules

  • Agreement on child support matters

  • No international property or custody issues

  • No complicated tax implications

  • No significant inheritance matters

  • No complex spousal support scenarios

Simple Separation is not suitable if there are allegations of domestic violence, high conflict, substantial wealth, financial abuse, or international/jurisdictional concerns.

Choosing a Template.

There are many options online for a Separation Agreement template. Some options are free. Some charge a small fee. Why wouldn’t you choose one of these templates? Let us explain what you need to look for in a template.

Essential Features to Look For:

  1. Province-specific templates (Ontario laws differ from other provinces). Some companies even sell U.S. law templates which have no applicability in Canada.

  2. Last updated date (should be within the past year but 6 months is ideal). How do you know if it has been updated? Look for terms like child custody or custody and access. Those terms have not been used in Ontario family law since 2021. You know your agreement is dated if it includes those terms. You can also email the company to ask them when their agreement was last updated.

  3. Clear and detailed sections for property division, child support, spousal support, and parenting arrangements. Be cautious about agreements that don’t have comprehensive sections regarding these areas. Less may not be more when it comes to a Separation Agreement. Our templates are about 30 pages plus so be careful if your agreement is significantly shorter than that.

  4. Customizable clauses for unique situations

Key Warning Signs to Avoid:

  1. Very short or oversimplified templates (real agreements need detail)

  2. Missing sections about pensions, debts, or tax implications

  3. No guidance notes or instructions

  4. Templates that don't mention financial disclosure

Important Considerations:

  • Does the template match your situation (married vs. common-law)?

  • Is there a comprehensive parenting plan for children if needed?

  • Does it include any discussion about the future or future variation on certain terms - ie when can the parties re-open discussions.

Why “free” templates carry significant risks:

  • They may miss critical legal requirements which renders the entire agreement invalid. What does that mean for you? It means you start the entire process all over again as if you never did this agreement in the first place. If you try to fight this in Court, it can cost you thousands.

  • They may contain unenforceable terms. You may have reached an agreement that a Court cannot enforce.

  • The may fail to protect your rights fully. Imagine if you and your partner agreed to a deal where spousal support was not payable only to find out that the agreement missed the important release language and you now owe your spouse half your monthly pay cheque indefinitely. It can be catastrophic.

  • They may miss important assets or debts.

This is why we recommend all DIY template agreements (including ours) should be reviewed by a lawyer before signing.

Our template agreements are more expensive because we know the value they will provide you. Our templates are up to date on Ontario law. They contain the same language lawyers use in their agreements for clients. Our agreements are intentionally comprehensive to ensure you understand all issues are addressed. If you are ever facing a challenge in Court with a template agreement, you have additional language to defend a claim by your former spouse. Investing more up front on your template and ILA will still save you thousands in lawyer fees from a traditional retainer and provide the protection you need.

If you want to learn more, book a free call with a team member here.