Our Divorce Services

Separation Agreements

Signing a separation agreement – Positive Solutions Divorce Services

Our experienced mediators specialize in guiding couples through the process of crafting comprehensive separation agreements. We work closely with both parties to ensure all crucial aspects of your separation are addressed.

Our team helps you navigate complex issues such as property division, financial arrangements, and parenting responsibilities, always striving for solutions that are reasonable and sustainable for both parties. We assist in gathering and organizing all necessary information, ensuring that decisions are made with full transparency. 

Signing a separation agreement – Positive Solutions Divorce Services
Couple reaching agreement through mediation in Ontario

Throughout the mediation process, we encourage open communication and creative problem-solving, often uncovering mutually beneficial solutions. Our goal is to help you create a separation agreement that provides clarity and stability during this transitional period, while also being flexible enough to adapt to future changes. 

By choosing our mediation services for your separation agreement, you can often achieve a more personalized and comprehensive document than one created through traditional legal channels, potentially saving time, reducing costs, and laying the groundwork for a more amicable post-separation relationship.

Couple reaching agreement through mediation in Ontario

A Separation Agreement is a legally binding document that outlines how separating spouses will divide parenting responsibilities, property, and finances after a relationship ends. At Positive Solutions Divorce Services®, we help couples create clear, enforceable Separation Agreements through mediation—without going to court.

Our trained mediators guide both partners through every topic that matters: parenting time, decision making, child support, spousal support, and property equalization. We offer a calm, structured environment where couples can resolve issues respectfully and affordably. Once decisions are made, we prepare a comprehensive agreement that can be reviewed by independent legal counsel and signed to become legally binding in Ontario.

*The information included in a Separation Agreement, or other applicable documents, is purely a guide and cannot substitute for a lawyer’s skill, knowledge, and careful drafting. These documents are simply reflective of the information received from you and are an administrative service only.

Positive Solutions Divorce Services® does not warrant and is not liable or responsible for ensuring the validity and/or enforceability of any Agreement or clause in an Agreement and remains your full and sole responsibility. Full financial disclosure is a crucial element in the preparation of any Agreement. It is also critical that you understand your rights and obligations under existing law.

In many circumstances, the Agreement will be addressing complex assets and issues, such as corporations, trusts, pensions, tax implications etc. In these cases, it is imperative that the actual relevant documentation be reviewed and that the expertise of an accountant or specialist in the subject area be consulted to ensure that the Agreement properly addresses these complex assets and issues. It is strongly recommended that you retain Independent Legal Advice before signing any documentation arising out of the end of your marriage or common law relationship.

Frequently Asked Questions

What is a separation agreement?
A separation agreement is a legally binding contract between separating spouses that outlines how they will handle key issues such as parenting time, decision-making, child support, spousal support, and division of property.
Yes. If properly drafted with full financial disclosure, signed voluntarily by both parties, and witnessed, it is enforceable in court under Ontario’s Family Law Act and Contracts Law.
While not legally required, it is recommended that both parties obtain independent legal advice (ILA) before signing. This ensures the agreement is fair and helps prevent future legal challenges.
Yes. It can be amended by mutual agreement if circumstances change. If there is disagreement, the matter may require mediation, negotiation, or a court application to vary the agreement.
If a party breaches the agreement, the other may enforce it through court proceedings. The court can compel compliance, including orders for payment or changes in parenting time or support.