Frequently Asked Questions

There are a number of questions that people ask in respect of separation agreements. This article will address some of the frequently asked questions in relation to separation agreements Ontario.

1. What is a separation agreement?

A separation agreement is a contract between two parties to a divorce or separation. The fact that it is a contact means that its contents are legally binding to the parties of the agreement and is governed by the law of contracts. Therefore, if any parties to the agreement fail to execute the terms of the contract either party may bring a claim for breach of contract. However, if the separation agreement is unfair or unreasonable a court will set aside such a contract and will not enforce it. For example, a separation agreement that is unreasonable is one that may exempt the noncustodial parent from paying child support to the custodial parent.
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