Frequently asked questions

Not legally required, but strongly recommended. If you have children, the court will want to see that parenting and child support are addressed before granting a divorce. A comprehensive written contract makes the divorce application faster, simpler, and less expensive for both parties.

Yes, when properly executed: in writing, signed by both parties with a witness, supported by full financial disclosure, and entered into voluntarily. Courts can set the contract aside for non-disclosure, duress, unconscionable terms, or lack of understanding without legal counsel.

You can, but it carries real risk: missing key issues, vague wording, unmet legal requirements, and a much higher chance of being challenged later. At minimum, both parties should have a lawyer review any self-drafted instrument before signing. The cost of review is modest compared to the cost of a later dispute.

Default family law applies, determined by province. Married spouses divide property under provincial equalization or division rules; spousal support is determined by guidelines and litigation; parenting requires a court order or ongoing negotiation. Without a written document, verbal arrangements are difficult to enforce and conflict is more likely.

Yes. Parenting and support terms can be varied by mutual amending document at any time, or by court order on proof of a material change in circumstances. Property division is generally more final and harder to reopen, except in cases of serious non-disclosure, fraud, or coercion at signing.

It shows the court that parenting, support, and property issues are resolved — the foundation for an uncontested application with no court appearance required. The document is attached to the divorce application; the court reviews it and, if satisfied, issues the divorce order.

Legal separation is living apart with the intention to end the relationship — no court process needed, does not end the marriage. Divorce is a court order legally terminating the marriage, requiring an application and satisfaction of the one-year ground. Both parties can remarry only after the divorce order is final.