Breaking up is hard enough—but figuring out the legal side? That’s a whole other headache. If you’re ending your marriage, you might be wondering:
🤔 Do I need a Separation Agreement before getting a divorce?
🤔 What if I just want a Simple Divorce and move on?
🤔 Isn’t a divorce and separation the same thing?
Short answer: No, they’re not the same.
A Separation Agreement in Ontario and a Simple Divorce serve different legal purposes. One is about sorting out property, custody, and finances after a breakup, while the other is about legally ending your marriage.
So, which one do you need? Let’s break it down.
(Just so you know, this is an informational article from Key Family Law, your trusted experts in Ontario family law.)
What is a Separation Agreement in Ontario?
A Separation Agreement in Ontario is a legally binding contract between you and your spouse that settles important matters after separation. It’s not a divorce—it’s an agreement that outlines how you’ll handle things now that you’re living apart.
Key Features of a Separation Agreement:
✔ Covers key issues – Decides child custody, support, property division, and spousal support.
✔ Legally binding – Once signed, it’s enforceable by law like a court order.
✔ Flexible – Can be negotiated without going to court.
✔ Not required for divorce – But having one can make the divorce process easier.
✔ Can be done anytime – You don’t have to be legally divorced to have one.
When to Get a Separation Agreement:
- You and your spouse are separating but not ready for divorce yet.
- You need to settle financial, property, or parenting issues.
- You want to avoid court battles and negotiate terms privately.
- You’re planning to get a divorce later but want legal protection now.
💡 Key Benefit: A separation agreement gives you legal clarity and financial security without immediately ending the marriage.
What is a Simple Divorce?
A Simple Divorce is a legal process that officially ends your marriage. Unlike a separation agreement, a divorce is about legally severing the relationship, not settling disputes over finances, property, or custody.
Key Features of a Simple Divorce:
✔ Ends the marriage – You’ll be legally single once finalized.
✔ No legal agreements required – You don’t need a separation agreement to file.
✔ Best for couples with no disputes – Works when there are no fights over assets, support, or custody.
✔ Faster than a contested divorce – No need for lengthy court battles.
When to Get a Simple Divorce:
- You and your spouse agree on everything and just want to make it official.
- You’ve been separated for at least one year (a legal requirement in Canada).
- You don’t have unresolved financial, property, or parenting disputes.
- You’re ready to move on and possibly remarry.
💡 Key Benefit: A Simple Divorce is the quickest and least stressful way to get legally divorced if everything is already settled.
Separation Agreement vs. Simple Divorce: Key Differences at a Glance
Feature | Separation Agreement | Simple Divorce |
What it does | Settles financial, property, and parenting issues | Legally ends the marriage |
Legally required for divorce? | No | Yes, to be officially single |
Covers child/spousal support? | Yes | No |
Covers asset/property division? | Yes | No |
Involves court? | No (private agreement) | Yes (filed with court) |
Can be done anytime? | Yes, even without divorce | Only after one year of separation |
Best for? | Couples who need to settle finances & parenting | Couples who just need legal divorce |
Do You Need Both a Separation Agreement and a Divorce?
Not always—but in many cases, yes.
✅ You might need both if:
- You have kids, property, or financial ties with your ex.
- You want to avoid future legal battles over money, assets, or support.
- You’re filing for a divorce later but need legal clarity now.
❌ You may only need a Simple Divorce if:
- There are no financial, custody, or support issues to settle.
- You and your spouse are fully independent
- You’ve been separated for over a year and just want to move on.
What If We Don’t Agree?
If you and your spouse can’t agree on property division, child custody, or spousal support, then a Simple Divorce won’t work. You may need a Contested Divorce instead.
A contested divorce happens when:
❌ One spouse disagrees with the divorce terms.
❌ There are major disputes over property, kids, or money.
❌ You need a judge to settle disputes in court.
💡 Pro Tip: A Separation Agreement can help you avoid a costly Contested Divorce by settling issues in advance.
Final Thoughts: Which One Do You Need?
✅ Get a Separation Agreement in Ontario if:
- You want to settle finances, property, or custody issues.
- You’re not ready for divorce but want legal protection.
- You want to avoid future disputes before filing for divorce.
✅ Get a Simple Divorce if:
- You and your spouse are already separated for a year.
- There are no financial or custody issues to resolve.
- You just want to end the marriage legally and move on.
Need Legal Help?
Whether you need a Separation Agreement or a Simple Divorce, Key Family Law can help.
📞 Contact us today for expert legal advice and stress-free divorce solutions.