If you and your partner mostly agree on what you want to happen when you separate, you can put what you've agreed on in a separation agreement . A separation agreement is a written contract that you and your partner make that says how you will deal with your issues.
You can make a separation agreement if you're married or in a common-law relationship .
If you're married, you don't get a divorce by making a separation agreement. You have to apply to the court to get a divorce. But, you can agree on when and how to get a divorce in your separation agreement.
You don't need a lawyer to make a separation agreement. But it's a good idea to get your own legal advice before signing one. For example, a lawyer can help you understand your rights and responsibilities toward your children and your partner, and the rules your agreement has to follow to make it legal.
You can make a separation agreement at any time after you separate. But there are time limits to ask your partner for some things, like dividing property . For example, you have 6 years from the date of separation but only 2 years from the date of your divorce to divide property.
You don't have to wait until you and your partner agree on everything before making a separation agreement. You can make a separation agreement on the things you agree on, while you continue to work on resolving your other issues. For example, if you agree on decision-making responsibility , parenting time , and child support , you can make an agreement dealing with those things, while you continue to work on your property issues. Decision-making responsibility and parenting time used to be called custody and access .
You can also make a separation agreement that lasts for a certain period of time. For example, if you agree on where your children will live just for the summer, you can say the agreement ends in September.
You can also change a separation agreement at any time by making a new one, if you and your partner agree to the changes.
There are many reasons to make a separation agreement. An agreement:
But, making a separation agreement may not be the best thing to do in situations where:
In those situations, you may need a family law professional like a mediator to help resolve your issues. The Step Get help from a family law professional gives you more information about this. Or, you may need to get a court order that you can enforce. This means that the court can order you or your partner to do what the court order says.
Ontario has 3 different courts that deal with family law issues. These are the:
It's important that you go to the right court. Rule 5: Where a case starts and is to be heard tells you where you should start your family law case.
Because some courts don't deal with certain family law issues, you have to start your case in a court that:
But, if your issues are about decision-making responsibility or parenting time, you should go to the court in the municipality where your child lives.
If you're not sure which court to go to, call the Get help from a family law professional in your municipality to ask.
This is the only court that hears all types of family law cases.
In places without a Family Court Branch of the Superior Court of Justice, family cases are heard in either the Superior Court of Justice or the Ontario Court of Justice.
This court hears family law cases that deal with:
This court hears family law cases that deal with:
The Ontario Court of Justice has no court fees. But, if your case is at the Superior Court of Justice or the Family Branch of the Superior Court of Justice you have to pay court fees. These include:
If you can't afford to pay the court fees, you can ask the court for a “fee waiver”. If you get a waiver, it means you don't have to pay most court fees. The Ontario government's Get help from a family law professional tells you which court fees can be waived and how to ask for a fee waiver.