FAQs Separation Agreements

What do I need to include in my separation agreement for it to be court enforceable?

This is an important consideration, especially if you have any reason to believe that your spouse may not comply with your separation agreement in the future. If your separation agreement is not created in a certain way, the courts may set it aside all or part of it should any problems arise in the future.

The following aspects must be complied with during the drafting of a separation agreement:

  • Both spouses must provide full and truthful financial disclosure
  • There cannot be any undue pressure, and it the process of creating the document must be fair
  • Both you and your spouse must understand the provisions of the document

If you are worried about complying with any of these requirements, it is best to speak with a family law lawyer to ensure that your separation agreement will be valid.

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About the author

Russell Alexander

Russell Alexander is the founder of Russell Alexander Collaborative Family Lawyers and is the firm’s senior partner. At Russell Alexander, our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues, including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. We have locations in Toronto, Markham, Whitby (Brooklin), Lindsay, and Peterborough.

For more information, visit our website, or you can call us at: 905-655-6335.