Family law (Ontario) legislation: domestic contracts. Of the several agreements which are defined as “domestic contracts” (marriage, cohabitation, paternity, family arbitration and separation), the separation agreement is the most common and relevant. The separation agreement may be partial or comprehensive, temporary or final, and may deal with custody as well as property and other matters. Parenting agreements, although common or useful and often necessary, are neither domestic contracts nor separation agreements.
Family law (Ontario) legislation: why a separation agreement? The separation agreement is often the prelude to an amicable, successful and cost-effective resolution. The separation agreement is encouraged. The determination of proper levels of support for dependants (child or spouse), especially the application of the Child Support Guidelines, which is mandated by statute, the right to custody of minor children, as well as the resolution of property issues such as the occupation or sale of the matrimonial home, either require a separation agreement or will benefit from one.
Family law (Ontario) legislation: formalities of separation agreement. The formalities are simple, the contract must be in writing and signed and witnessed; but the usual practice is to append financial statements, if called for, and certificates of independent legal advice on behalf of each party. Hence agreements which are valid according to the statutory provisions are to be distinguished from agreements which reflect the common practice, both in terms of content and the procedure followed in negotiation and execution.