What if my partner and I agree on what to do after we separate or divorce?

If you and your partner agree on your family law issues, you can put what you’ve agreed on in a separation agreement. This is a written contract that you and your partner make.

You can make a separation agreement if you’re married or in a common-law relationship.

There are some good reasons to make a written separation agreement:

• It can be faster, cheaper, and less stressful than going to court.
• It lets you and your partner decide what works best for you and your family.
• It lets others involved in your children’s care, such as their school, daycare, and doctor, know what has been agreed on.
• It’s easier to prove what you and your partner agreed on if you have a written rather than a verbal agreement.
• If there’s a problem getting child support or spousal support, the Family Responsibility Office can help.
• Monthly spousal support payments are not tax deductible without a separation agreement or court order.

When to make a separation agreement

You can make a separation agreement at any time after you separate. But there are time limits for making certain claims. For example, you have 6 years from the date of separation but only 2 years from the date of your divorce to make a claim for dividing property.

You don’t have to wait until you and your partner agree on everything before making a separation agreement. You can make an agreement on the things you agree on, while working on other issues.

You can also change a separation agreement at any time by making a new one, if both you and your partner agree to the changes.