The end of a relationship, whether it is a marriage or a common-law relationship, is very difficult. There are many issues to work through and decisions that need to be made. 

Many spouses who separate can agree about how they’re going to deal with certain things without going to court and to negotiate the terms of a separation between themselves which gives them control over the outcome. For example:

• Parenting, child custody, child support
• Visitation rights and schedules
• Division of assets
• Division of debt, and
• Paying child and spousal support

Other spouses may be in complete agreement with all of these major decisions from the start of their separation, but it is wise to have an agreement in writing that provides clarity in and for the future. This type of agreement can save you time, money, and stress about key decisions that may affect you or your family later on.

This type of agreement is called a separation agreement, or just an agreement. Agreements about parenting are sometimes called parenting plans. But the provincial Family Law Act only talks about “agreements.” It doesn’t give them different names.

It is a legally binding written agreement that is signed by both spouses is legally binding, allowing them to settle disputes without the need to appear in court.

There will be more details in your separation agreement than there will be in your divorce order. A properly drafted agreement will ensure that neither party can bring a claim in the future and brings finality and closure to the sometimes complicated untangling family situation.