Separation Agreement
Separation Agreements in Canada
You've both agreed it's over, and you'd rather sort things out fairly than turn it into a fight. A separation agreement puts property, support, and parenting arrangements in writing, reached on your own terms. Properly signed and witnessed, with each party getting independent legal advice, it can become a legally binding agreement without going to court. It needs to be done right, and this guide shows you how.
Important before you start
A separation agreement is one of the most important legal documents you will ever sign. While Guidepost can help you understand the process, both parties should have the agreement reviewed by their own family lawyer before signing. An agreement signed without independent legal advice is significantly more vulnerable to being set aside by a court.
Separation checklist for your province
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Built for your province
- ✓What to gather before you negotiate
- ✓Key topics every separation must address
- ✓Family law considerations specific to your province
- ✓When to involve a family lawyer
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We no longer sell a separation-agreement document.
A separation agreement decides property, support and parenting, and it is the one document where independent legal advice for each partner matters most. Our free guides below explain the process in your province, what a complete agreement covers, and affordable routes to legal advice.
Built by Nathan, nine years in the Canadian Army, paperwork done the hard way first.
What a separation agreement covers
Property Division
Who keeps what: home, vehicles, investments, debts.
Spousal Support
Amount, duration, and conditions for variation.
Child Support
Based on Federal Guidelines, cannot be waived.
Parenting Arrangements
Decision-making, parenting schedule, major decisions.
RRSP / Pension Division
Template includes agreement language for dividing registered assets, but the actual transfer requires a T2220 (RRSP) or plan-specific forms filed separately with CRA and your pension administrator.
Release of Claims
Final settlement: mutual release of further claims.
Select your province
Family law is provincial. The rules for property division, support, and parenting arrangements differ significantly across Canada.
Ontario
Family Law Act, R.S.O. 1990
Alberta
Family Property Act, RSA 2000, c F-4.7 (renamed from the Matrimonial Property Act effective January 1, 2020). Verify current provisions at alberta.ca/family-property
British Columbia
Family Law Act, S.B.C. 2011
Québec
Civil Code of Québec (CCQ)
Manitoba
Family Property Act, C.C.S.M. c. F25
Saskatchewan
Family Property Act, S.S. 1997
Nova Scotia
Matrimonial Property Act, R.S.N.S. 1989
New Brunswick
Marital Property Act, S.N.B. 2012
Prince Edward Island
Family Law Act, R.S.P.E.I. 1988
Newfoundland & Labrador
Family Law Act, R.S.N.L. 1990
Related guides
Last updated: June 2026 · Sources: Federal Divorce Act (justice.gc.ca), Spousal Support Advisory Guidelines (justice.gc.ca), Child Support Tables (canada.ca), provincial Family Law Acts.
Guidepost is not a law firm. Family law is complex and highly fact-specific, this information is for general purposes only and is not legal advice. Always consult a family lawyer before signing any separation agreement. Full disclaimer.