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We’ve temporarily changed some of our services.

Legal Aid Ontario is moving!
Starting April 2023, Legal Aid Ontario’s Provincial Office, Toronto Family Law Services Office, Criminal Senior Counsel Services Office, and Refugee Law Office will be located on the seventh floor of the Atrium on Bay.

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  • Services
    • Temporary service changes due to COVID-19
    • COVID-19 and the courts: Answers to frequently asked questions
    • Our services
    • Criminal legal issues
    • Domestic Violence
    • Family legal issues
    • Mental health legal issues
    • Refugee and immigration legal issues
    • Legal clinics
    • How to apply
    • Find a lawyer
      • Finding the right legal aid lawyer
    • What do you think about our services?
  • For legal professionals
    • COVID-19: Ongoing list of supports for lawyers
    • LASA 2020 process updates for lawyers
    • Changes to policies and certificate coverage
    • Roster resources
      • Audit & Compliance
      • Billing
      • Case management
      • Forms library
      • Legal Aid Services Act, 2020 policies
      • Legal Aid Online
      • LAO LAW
      • Minimum experience requirements
      • More resources
    • Do legal aid work
    • Mentoring
    • Test case funding
    • News for lawyers
    • B3 Newsletters
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Separation

Separation is when you and your ex—you can either be married or common‑law—decide to live apart. If you’re married, being separated doesn’t mean your marriage has ended. A divorce is when a court officially ends your marriage.

How do you “legally” separate in Ontario? Here are some tips to guide you through the process.

What does “separate and apart” mean?

You are legally separated as soon as you and your ex are living “separate and apart.” This could mean either:

  • Each person lives in their own place.
  • Both people live in the same house but have separate rooms, meals and finances.

Separation agreements

People who separate often make an agreement to set out what their rights and responsibilities are after separating.

It’s important that:

  • you both understand the agreement
  • the agreement is fair
  • you share complete and honest financial information

You must also consider these issues:

  • Children
    • Do you have financially dependent children?
    • Who has the main responsibility for deciding matters of health, education and welfare?
    • Who has custody?
    • Who will the child mainly live with?
    • What’s the visitation and vacation schedules?
    • Who is paying child support? How much? How often?
    • Are there any special expenses such as daycare costs?
  • Property
    • What are you doing with the home?
    • Do you or your ex get any specific items?
    • What happens to shared debts and assets?
    • What happens to your pension and life insurance?
  • Support
    • Is one person paying spousal support?
    • How much spousal support will be paid and how often?
    • When will the payments stop?
    • What are the tax implications?

    TIP: Visit Child support table look-up

How do you make a separation agreement legally binding?

  • Create a separation agreement, making sure you cover the issues listed above that are applicable to you.
  • While you can draft your own separation agreement, before you sign it, you should have a lawyer review it .This is called independent legal advice. Some lawyers may only charge you for reviewing the agreement. You should ask a lawyer if they offer unbundled services and what they will charge for a review.
  • Sign the agreement in front of a witness (who will also sign).

How to enforce the support part of the agreement

  • Complete Form 26B: Affidavit for Filing Domestic Contract or Paternity Agreement.
    Need help to complete this form? Visit StepstoJustice.ca and use the Guided Pathways tool.
  • Take your agreement and Form 26B to a family courthouse to put into your court file with the clerk at the court counter. There are no filing fees for this.

More information

  • Ministry of the Attorney General: Divorce and separation
  • CLEO: Make a separation agreement (flow chart)
  • Steps to Justice: Make a separation agreement (step‑by‑step guide)
  • Law Society of Ontario: “Unbundling” of legal services
  • This form is feedback only.

Questions

Simple divorce

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