Separation & Divorce in Ontario
One of the most significant transitions of your life. You deserve someone who treats it that way.
Separation and divorce touch nearly every part of your life at once, your finances, your home, your children, your future. The decisions you make during this process will have lasting consequences. Having the right legal guidance isn't just about paperwork. It's about making sure you understand what you're agreeing to, that your rights are protected, and that you can move forward with confidence.
Strachan Family Law helps individuals and families navigate separation and divorce through negotiation — not litigation. There are no courtrooms here. The focus is on reaching fair, durable agreements that both parties can live with and build on.
Separation vs. Divorce — what's the difference?
These two terms are often used interchangeably, but they mean different things under Ontario law.
Separation is when you and your spouse or partner decide to live separate and apart. In Ontario, you are legally separated the moment that separation begins, no paperwork, no court filing, and no waiting period required. Separation applies to both married couples and common-law partners.
Divorce is the legal dissolution of a marriage. It requires a court order and can only be granted to legally married spouses. The most common ground for divorce in Canada is living separate and apart for at least one year, though the year does not need to pass before you begin negotiating your separation agreement.
For most clients, the most urgent priorities, resolving financial arrangements, establishing parenting schedules, and addressing support, can be addressed through a separation agreement well before a formal divorce is necessary or even relevant.
What is a separation agreement?
A separation agreement is a legally binding contract between separating
spouses or partners that sets out the terms of your separation. It can address:
Division of property and equalization
The matrimonial home, what happens to it, and how
Spousal support, whether it applies, and on what terms
Parenting arrangements, decision-making responsibility and parenting time
Child support
Any other issues specific to your situation
A properly drafted separation agreement is one of the most important legal documents you will ever sign. It governs your financial life and, if you have children, your co-parenting relationship, often for years or decades. Getting it right matters.
What makes a separation agreement legally binding in Ontario?
Under Ontario's Family Law Act, a separation agreement must meet the following requirements to be enforceable:
It must be in writing
It must be signed by both parties
Each signature must be witnessed by an adult who is not a party to the agreement
Beyond these formal requirements, courts can set aside a separation agreement under section 56(4) of the Family Law Act if a party failed to disclose significant assets or debts, if a party did not understand what they were signing, or if the agreement is otherwise unconscionable or contrary to law.
This is why full financial disclosure, complete, honest, and documented, is not optional. It is the foundation on which every enforceable agreement is built. And it is why having a lawyer in your corner throughout the process protects you not just now, but in the future.
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Yes. Ontario law recognizes that separation is defined by the nature of the relationship, not the physical living arrangements. You can be legally separated while still sharing a home, a common reality when finances or the housing market make maintaining two households difficult during the separation process. Courts look at factors like separate finances, separate social lives, and the absence of a shared intimate relationship.
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Technically, no. But the question is rarely whether you can do it without a lawyer, it’s whether you should.
A separation agreement is a legally binding contract that will govern your financial life and parenting arrangements, often for years. Agreements reached without independent legal advice are significantly more vulnerable to being set aside later. They are also more likely to contain gaps, ambiguities, or terms that seem fair in the moment but create problems down the road.
Megan will guide you through the full process: financial disclosure, negotiation, drafting, review, and execution. And because she carries a limited caseload by design, your file gets consistent attention from start to finish, not just when things are urgent.
Common-law separation
Common-law partners in Ontario have different rights than married spouses when it comes to property division. The equalization provisions of the Family Law Act apply only to married spouses, not common-law partners. This distinction has significant financial implications and is one of the most important reasons common-law couples should get legal advice specific to their situation.Parenting and support obligations apply equally regardless of whether a couple was married or common-law.
→ See also:Property Division, Parenting Arrangements & Child Support, Spousal Support
Working with Megan
Every file is different. Every client deserves advice tailored to their actual situation, not a template or a formula.
Megan works with clients virtually, across London, Woodstock, Ingersoll, and throughout Ontario. Meetings happen by phone or video call. Documents are exchanged and signed electronically. The process is designed to be efficient, clear, and as low-friction as possible during what is already a difficult time.