No. A verbal “handshake” agreement regarding property or support is not enforceable under Ontario’s Family Law Act. To be legally binding, a separation agreement must be in writing, signed by both parties, and witnessed by a third party. Without these formalities, either spouse can change their mind and take the matter to court years later.
Do I need a separation agreement if we don’t have kids?
Yes. Even without children, a separation agreement is vital to formally "waive" or set the terms for spousal support and to finalize the division of property and debts. Without a signed agreement, your ex-spouse could potentially...
