Ontario
Ontario separation agreement software for family lawyers
Divo drafts Ontario separation agreements from your matter data under the Family Law Act (RSO 1990): Part I net-family-property equalization with the matrimonial-home rule applied, FCSG child support, SSAG spousal support, disclosure recitals, and ILA acknowledgements — assembled for lawyer review, not from a template.
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Why Ontario separation agreements are their own discipline
An Ontario agreement drafted on a BC-shaped template gets the province wrong in ways that matter later. The Family Law Act (RSO 1990) sets its own framework:
- →Equalization, not division. Ontario doesn't divide assets — it equalizes net family property under s. 5: each spouse's NFP is computed and the spouse with the larger figure pays half the difference. The agreement's property clauses carry one equalization payment reconciled to attached NFP statements, not an asset-by-asset split.
- →The matrimonial-home rule. Under s. 18, a home ordinarily occupied at separation is a matrimonial home regardless of title — and its pre-marriage value can't be deducted from NFP. Drafting around the home is where Ontario agreements most often depart from other provinces' instincts.
- →Formalities and the setting-aside regime (ss. 55(1), 56(4)). A domestic contract is unenforceable unless written, signed, and witnessed (s. 55(1)), and a court can set one aside under s. 56(4) for non-disclosure of significant assets or debts, failure to understand the contract, or ordinary contract-law grounds. Careful Ontario drafting means disclosure recitals that match what was actually exchanged, ILA acknowledgements, and witnessed execution.
- →Unmarried couples sit outside the property regime. Unlike BC, Ontario gives common-law partners no statutory property division — claims run through unjust enrichment — while Part III spousal support can still apply. Cohabitation and separation agreements for unmarried clients are drafted on a fundamentally different footing, and the recitals have to say so.
- →Support still runs federal. Child support follows the Federal Child Support Guidelines and spousal support the SSAG ranges — the same calculations Divo runs on every Ontario matter, flowing into the agreement's support terms.
How Divo assembles an Ontario agreement
You run the calculations on the matter — FCSG table amount and s. 7 apportionment, the SSAG range you're advising on, and the s. 5 equalization with both NFP statements. Divo then generates the agreement with those figures already placed: support quantum and duration, the equalization payment, the NFP schedules, disclosure recitals tied to the matter's documents, ILA acknowledgements, and witnessed execution blocks that satisfy s. 55(1).
Recalculate anything — an income changes, a valuation moves — and the next draft updates everywhere the number appears. Export is editable Word and PDF; the lawyer owns the final text. And if the file litigates instead of settling, the same matter data generates the Form 13/13.1 under the Family Law Rules.
Ontario separation agreement FAQ
Is Divo Ontario separation agreement software for lawyers or for couples?
For lawyers. Consumer tools help separating couples draft their own agreement; Divo is professional drafting software used by retained family lawyers. The support and property figures in the draft come from FCSG, SSAG, and FLA Part I equalization calculations run on the matter — with an audit trail — and the lawyer reviews, advises, and finalizes.
How does Divo handle Ontario equalization in the agreement?
The property clauses are generated from the FLA s. 5 equalization you've run in Divo: each spouse's net family property statement, matrimonial-home treatment under s. 18 (never excluded, even if owned before marriage), s. 4(2) exclusions, and the resulting equalization payment. The NFP statements attach as schedules, so the payment in the clause reconciles to the statements line by line.
Does it address the s. 55(1) formalities and s. 56(4) setting-aside risk?
Under FLA s. 55(1), a domestic contract is unenforceable unless made in writing, signed by the parties, and witnessed — Divo's drafts always carry witnessed execution blocks. Under s. 56(4), courts can set an agreement aside for non-disclosure of significant assets or debts, a party's failure to understand the contract, or ordinary contract-law grounds. Divo reduces that surface with disclosure recitals tied to the documents actually exchanged and figures that reconcile with the attached calculations. Judgment on fairness remains the lawyer's.
What about common-law couples in Ontario?
Ontario is different from BC: unmarried couples have no statutory property-division rights under the FLA — property claims proceed through unjust enrichment and constructive trust, while spousal support is available under FLA Part III after three years of cohabitation (or a child plus a relationship of some permanence). A cohabitation-breakdown agreement is therefore drafted on a different footing than a married couple's, and Divo's recitals and releases reflect the correct basis.
Can the agreement figures feed the Form 13/13.1 too?
Yes. The same matter data that populates the separation agreement generates the Form 13 or 13.1 Financial Statement under the Family Law Rules if the file ends up in court. One source of truth, whether the matter settles or litigates.
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Draft an Ontario agreement from a real matter
Book a demo and we'll generate a separation agreement live on a test Ontario matter — equalization, support terms, and disclosure recitals included.