Lawyer for Separation Agreement in Ontario: Drafting vs Review (What to Choose)

If you’re searching for a lawyer for separation or a lawyer for a separation agreement in Ontario, you’re likely in one of these situations:

• You want a clear, fair agreement so you can move forward without constant uncertainty; or
• You already have a draft and want to make sure you’re not signing something that creates problems later.

This page explains the difference between having a separation agreement drafted versus having it reviewed, how Independent Legal Advice (ILA) fits in, and what to expect when you contact our office.

Note: This page is general information, not legal advice. Separation agreements can affect parenting, support, and property rights. For advice about your situation, speak with a family lawyer.

Drafting vs review: a simple decision guide

Choose drafting (and often negotiation) if:

• You and your spouse/partner haven’t fully agreed on parenting, support, or property/debt terms
• There are children, spousal support, a home, pensions, a business, or significant debt
• You want a lawyer to build the agreement from the ground up, not just “proofread” a document
• You need a structured process to move from “talking” to a signed, workable plan

Choose review + ILA if:

• You already have a draft from mediation, collaborative discussions, your spouse’s lawyer, or your own draft

• You mostly agree on the terms but want a lawyer to:

• • explain what the document actually means,
  • flag legal and practical risks,
  • identify missing clauses, and
  • recommend changes before you sign
• Many people start with review and then realize drafting is the better fit once issues (like disclosure gaps or unclear support language) are identified. That’s normal.

Why hiring a separation agreement lawyer can save you money later

A separation agreement is not just a “breakup document.” Done properly, it is usually the roadmap for:

• Parenting schedules and decision‑making
• Child support and spousal support arrangements
• Division of responsibilities for debts and ongoing expenses
• What happens with the home (sale, buyout, refinancing timelines)
• How disputes will be handled going forward

In Ontario, separation agreements are expected to meet basic formal requirements (for example, being written down and properly signed), and courts can examine the circumstances around an agreement if someone later claims it was unfair or signed without proper information or understanding.

In plain terms: a lawyer’s role is to help you create an agreement that is clear, complete, realistic, and less likely to be challenged.

What a lawyer does when drafting a separation agreement

When you retain a separation agreement lawyer to draft, you are usually paying for more than writing. You’re paying for structure, issue‑spotting, and risk reduction.

Drafting commonly includes:

1) Defining the issues that must be covered

A strong agreement typically addresses:

• Parenting (decision‑making, parenting time, holidays, travel, communication)
• Child support (amounts, exchanges of income info, how changes are handled)
• Spousal support (if applicable: amount, duration, review terms, conditions)
• Property and debts (the home, equalization issues, timelines for transfers)
• Implementation details (deadlines, documents needed, what happens if a step is missed)

2) Organizing financial disclosure

Financial disclosure isn’t a formality—it’s often the foundation of a durable agreement. A lawyer can help identify what documents matter, what is missing, and what should be confirmed before anyone signs.

3) Turning “general ideas” into enforceable terms

Many people agree on concepts like “we’ll split time fairly” or “we’ll figure out support later.” A lawyer’s job is to translate those concepts into wording that reduces ambiguity and future conflict.

4) Negotiating when needed

Even amicable couples may need help negotiating:

• support review clauses,
• responsibility for joint debts,
• sale or buyout details for the home,
• parenting schedules that actually work with school and work demands.

5) Planning a clean signing process

A surprising number of problems come from poor execution: signing different versions, missing attachments, or not handling witnessing correctly. A lawyer‑guided signing plan helps prevent avoidable mistakes.

What a lawyer does when reviewing a separation agreement (ILA / second opinion)

People also search for a separation agreement attorney (or even “attorney separation agreement”) when they already have a draft but want a professional to check it. In Ontario, you’re generally looking for a family lawyer who can review the draft and provide independent advice.

A review usually focuses on:

1) Understanding: “What am I actually agreeing to?”

A review is not just reading words on a page. It’s explaining how the agreement plays out in real life:

• What rights are being kept or given up?
• What happens if income changes?
• What happens if parenting arrangements change?

2) Missing clauses and practical gaps

Common problems in DIY or rushed drafts include:

• vague parenting language that causes conflict later,
• missing annual income exchange rules for support,
• unclear deadlines for refinancing or selling property,
• no plan for extraordinary children’s expenses,
• no clear process for resolving future disputes.

3) Risk flags

A lawyer will often ask:

• Was there complete and honest financial disclosure?
• Was anyone pressured to sign?
• Does the agreement seem one‑sided without a clear reason?
• Are there terms that are unrealistic or likely to be ignored?

4) Recommended edits (and how to propose them)

A good review doesn’t just say “this is risky.” It explains:

• what to change,
• why it matters,
• and how to raise changes without escalating conflict.

Independent Legal Advice (ILA): why it matters

Independent Legal Advice (ILA) means each person gets legal advice from their own lawyer before signing.

ILA can be especially important where:

• there is spousal support (or a spousal support waiver),
• property values are significant,
• there is a pension, business, or complex finances,
• one person handled most of the finances during the relationship,
• there is a big imbalance in bargaining power.

• Even if you feel things are amicable today, ILA helps ensure you are signing with a full understanding of the consequences.

Can one lawyer act for both people?

Usually, one lawyer cannot represent both sides in a separation agreement negotiation because the parties’ interests can conflict.

A common approach is:

• One person retains a lawyer to draft and negotiate; and
• The other person retains a different lawyer for review and ILA.

• This protects both people and tends to make the agreement more stable over time.

Limited scope / unbundled legal services

Not everyone needs (or wants) full representation. Some people prefer unbundled help—meaning you retain a lawyer for specific parts of the process.

Examples of limited scope help include:

• one or two advice meetings to get clarity on your rights and risks,
• review of a mediated draft,
• help drafting specific clauses (support review terms, parenting schedules, home sale steps),
• preparation for a negotiation meeting or mediation session.

• If you are cost‑conscious but still want professional guidance, this is often a practical middle ground.

How long does a separation agreement take?

There’s no one timeline, but in general:

• Review + ILA can often be done quickly once a complete draft and disclosure are available.
• Drafting from scratch usually takes longer because it depends on:
  • how quickly both parties provide disclosure,
  • whether there are disagreements,
  • how many revisions are needed,
  • whether third‑party documents are required (pension valuations, property appraisals, etc.).

• If you want speed, the best way to reduce delays is to gather disclosure early and respond consistently during the drafting/revision stage.

What influences the cost of a separation agreement lawyer?

Costs are driven less by the number of pages and more by complexity and conflict. Common cost drivers include:

• disputes over parenting time or decision‑making,
• support disagreements,
• incomplete disclosure,
• complicated property issues (home buyout, pensions, businesses),
• multiple rounds of negotiation.

If you want a sense of what fees look like for different service types (drafting, review, limited scope), the most reliable place is your firm’s current pricing information and a short intake conversation about your facts.

When you should pause and get legal advice before signing

Consider speaking with a lawyer urgently if:

• you’re being pressured to sign immediately,
• the draft includes a spousal support release you don’t fully understand,
• you suspect financial information is missing or inaccurate,
• the parenting plan is vague or doesn’t fit your child’s real routine,
• you feel the agreement is heavily one‑sided and you don’t know why.

• Signing “to get it over with” can create expensive problems later.

What to bring to your separation agreement consultation

You do not need to have everything perfectly organized, but it helps to gather what you can.

If you have children:

• current parenting schedule (weekdays/weekends)
• school/daycare details
• holiday traditions and travel plans
• any special needs, therapies, or important routines

Financial basics (as available):

• proof of income (recent pay info or income summary)
• last tax return and notice of assessment (if available)
• bank and investment snapshots
• mortgage and debt statements
• pension documents (if applicable)

Property and debt overview:

• the home (ownership, mortgage balance)
• vehicles
• major debts and monthly payments
• any major assets (RRSPs, TFSAs, stock accounts)

• The goal of the first meeting is usually to clarify what matters most and map the next steps.

FAQ: Lawyer for separation agreement (Ontario)

Do I need a lawyer for separation in Ontario?

Not always, but legal advice is strongly recommended when children, support, major assets, or complex finances are involved—or when you want to reduce the risk of future disputes.

What’s the difference between a “separation agreement lawyer” and a “separation solicitor”?

“Solicitor” is a term many people use from the UK context. In Ontario, you are typically looking for a family lawyer who handles separation agreements.

Can I just use a template and have a lawyer review it?

Sometimes a template can be reviewed, but templates often miss key Ontario‑specific issues and practical clauses. A review can help identify gaps, but in many cases drafting is safer.

Do both people need independent legal advice?

It’s not required in every case, but it’s often recommended—especially when there are significant rights at stake (support, property, pension, etc.).

What if we agree on everything?

Even if you agree, a lawyer can help you turn the agreement into clear, workable terms and ensure the signing process is done properly.

Can we start with review and switch to drafting if needed?

Yes. That’s a common path—review identifies missing pieces and risks, and drafting addresses them properly.

Contact Aaries Family Law

If you need help with a family law separation agreement—whether drafting, negotiation, or review/ILA—our team can guide you through the option that best fits your situation.