2. Make a separation agreement the court can enforce

Your separation agreement has to follow certain rules to make it binding and enforceable under the law. This means your agreement is made in a way that allows the court to order you or your partner to do what the agreement says, if either of you stop following it.

For example, the rules say before you sign your agreement, you must understand it, the process is fair, and that you and your partner give complete and honest information about your finances.

The law also says that the amount of child support you agree to has to be reasonable. Child support is reasonable if it is similar to the amount in the Government of Canada’s child support tables or if other support arrangements have been made for the children.

This does not mean the amount you agree on has to be the same as the table amount. You can agree to an amount that is more or less than the table amount.

But if you or your partner later asks the court to order child support that is different from what was in your agreement, the court will look at what it would have ordered under the Child Support Guidelines and child support tables. This helps the court decide if the agreement is reasonable.