How is property divided in a separation in Manitoba?

Equal division of family assets. Family assets include all property owned by either spouse at time of separation, with limited exclusions. Exclusions: Business assets are not family assets unless used for family purposes. Gifts and inheritances from third parties may be excluded. Property brought into the marriage may be excluded.

Can a separation agreement be changed later?

Yes. Agreements can be varied by mutual consent at any time. Courts can also vary child support and spousal support if there has been a material change in circumstances. Property division is generally final once agreed.

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Separation Agreement

Separation Agreements in Manitoba

Q: Can child support be waived in a separation agreement?

No. Both parents have a legal obligation to support their children. No separation agreement can eliminate this obligation. Child support below the Federal Guidelines amount is not binding.

Governing legislation: Family Property Act, C.C.S.M. c. F25

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Property Division

Equal division of family assets. Family assets include all property owned by either spouse at time of separation, with limited exclusions.

What can be excluded

Business assets are not family assets unless used for family purposes. Gifts and inheritances from third parties may be excluded. Property brought into the marriage may be excluded.

Manitoba courts can vary equal division if it would be grossly unfair.

Spousal Support

Length of marriage, economic disadvantage, self-sufficiency. SSAGs used as reference.

Duration: Negotiated or ordered based on circumstances.

Spousal support waivers are scrutinized carefully.

The federal Spousal Support Advisory Guidelines (SSAGs) are used as a reference across Canada for calculating support amounts and duration. They are not legislation — but courts and lawyers treat them as a strong starting point.

Child Support

Child support cannot be waived

Both parents have a legal obligation to support their children. No separation agreement can eliminate this obligation. An agreement that sets child support below the Federal Guidelines amount is not binding.

Federal Child Support Guidelines apply. Child support is not waivable.

→ Calculate child support using the federal online tool

Parenting Arrangements

Terminology in Manitoba

Federal Divorce Act: decision-making responsibility and parenting time. Manitoba Family Maintenance Act: custody and access.

Best interests of the child govern.

Signing Requirements

Witnesses

Each signature must be witnessed by a person of legal age who is not a party.

Independent Legal Advice

Strongly recommended. Manitoba courts may set aside agreements made without full disclosure or ILA.

Court Filing

No court filing required for validity. File for enforcement if needed.

Steps to Complete Your Agreement

1
Exchange financial disclosure.
2
Negotiate terms.
3
Draft agreement with legal advice.
4
Sign with witnesses.
5
Retain copies.

Critical points for Manitoba

!Manitoba courts can vary property division if equal division is grossly unfair.
!Child support cannot be waived.
!Full financial disclosure is mandatory.

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Official sources

Last updated: June 2026

Guidepost is not a law firm. Family law is complex and fact-specific — this guide is for general informational purposes only and is not legal advice. Consult a family lawyer before signing any separation agreement. Full disclaimer.