Updating Your Separation Agreement in Ontario When to Revise Your Agreement  
                     Updating Your Separation 
Agreement in Ontario: When to 
Revise Your Agreement
BTL Law Firm
October, 2025
SparationAgreementOntario.ca Page 1
Contents
Why Separation Agreements May Need Updating ............................... 2
Common Scenarios That Require a Revision ....................................... 3 
Legal Considerations When Updating Your Agreement ...................... 4 
How to Revise Your Separation Agreement ......................................... 5 
Preventing Conflict When Revising Your Agreement.......................... 7 
Contact us today! .................................................................................. 8
Why Separation Agreements May Need Updating
Life circumstances change, and legal documents must stay relevant
Life is unpredictable. One party may remarry, change jobs, relocate, or 
experience significant health or financial shifts. These changes can 
directly affect earlier decisions made about spousal support, child 
custody, or property arrangements. Revising the separation agreement 
ensures that the terms reflect your current realities and responsibilities.
Agreements made during high stress may overlook long-term 
practicalities
Separation often occurs during periods of emotional distress. At the time 
of drafting the original agreement, both parties may be focused on short- 
term solutions just to move forward. Over time, however, it becomes 
apparent that some clauses may not work effectively in the long run.
Revisiting the agreement with a clearer mindset can help both parties 
reach better outcomes.
Keeping the agreement aligned with current needs prevents legal 
disputes
An outdated agreement can lead to misunderstandings or disagreements, 
especially when it comes to financial obligations or parenting 
arrangements. By proactively updating the separation agreement, 
couples reduce the risk of future court battles and maintain clarity and 
fairness in their post-separation relationship.
Common Scenarios That Require a Revision
Changes in income: job loss, promotion, retirement affecting 
support
Support payments, including spousal and child support, are often based 
on each party’s income. A significant increase or decrease in income— 
whether due to job loss, career advancement, or retirement—can make 
the original terms unfair or unmanageable. Revising the agreement 
ensures support reflects current financial realities and avoids future 
arrears or disputes.
Parenting changes: relocation, new school schedules, or changing 
needs of children
Children grow, and their needs change. A parenting schedule that 
worked well for toddlers may not suit teens. Similarly, if one parent 
moves to a different city or the child starts a new school, adjustments to 
parenting time and decision-making responsibilities may be necessary. A 
revised separation agreement can help maintain consistency and serve 
the best interests of the child.
New relationships or remarriage: impact on spousal support or 
living arrangements
If either party enters a new long-term relationship or remarries, it could 
impact spousal support obligations—especially if the new relationship 
provides financial support or changes household dynamics. In some 
cases, cohabitation or remarriage may even trigger a clause to end 
spousal support altogether, if such terms were initially included.
Major asset changes: sale of property, inheritance, or large financial 
shifts
A separation agreement may include clauses about ownership, use, or 
eventual sale of property like the matrimonial home. If such property is 
sold or if one party receives a significant inheritance or windfall, the 
financial picture may change dramatically. Revisiting the agreement 
ensures equitable treatment of these new circumstances.
Health issues: disability or medical conditions affecting ability to 
meet obligations
If one party develops a serious health issue or becomes disabled, it could 
affect their ability to work, provide care, or fulfill financial obligations.
A revised agreement may adjust support payments or caregiving 
responsibilities to reflect the new reality and support both parties in a 
fair and humane way.
Legal Considerations When Updating Your Agreement
Revisions must be made in writing and signed by both parties
Any updates to a separation agreement must be clearly documented in 
writing. Whether you choose to amend specific clauses or create an 
entirely new agreement, both parties must sign the revised version for it
to be legally binding. Oral agreements or casual updates have no legal 
standing in Ontario family law.
Each party should receive independent legal advice to ensure 
fairness
It’s strongly recommended that both individuals obtain independent 
legal advice before signing any revised agreement. This helps confirm 
that each party fully understands the terms and implications. It also 
reduces the chances of future disputes, as courts are more likely to 
uphold an agreement when legal counsel was involved.
Ontario courts will only uphold updated terms if they meet legal 
standards (e.g., no coercion, full disclosure)
For a revised separation agreement to be enforceable, it must comply 
with the same legal principles that applied to the original version. This 
includes:
 Voluntary consent: No party should be pressured or coerced into 
signing.
 Full and frank financial disclosure: All material assets, debts, 
and income must be openly shared.
 Fairness and clarity: The updated agreement must be reasonable 
and understandable to both parties.
If a revised agreement is found to be unfair, signed under pressure, or 
created without proper disclosure, a judge may set aside the updated 
terms.
How to Revise Your Separation Agreement
Work together through negotiation or with a mediator
Start by discussing proposed changes with your former spouse. If 
communication is strained or complex issues are involved, consider
working with a family mediator. Mediation provides a neutral space 
where both parties can explore solutions that meet current needs while 
minimizing conflict. This is often more cost-effective and collaborative 
than going to court.
Draft an Amending Agreement or a completely new agreement
There are two legal options for updating a separation agreement:
 Amending Agreement: This document outlines specific changes 
to the original agreement while keeping the rest intact.
 New Separation Agreement: In cases where multiple or 
substantial changes are needed, it may be simpler and cleaner to 
draft an entirely new agreement that replaces the old one.
Your choice depends on the scope of the revisions and how much the 
original agreement still reflects your situation.
Ensure clarity—identify what is being changed and what remains in 
effect
Clarity is critical in legal documents. Any updated agreement must 
explicitly state which clauses are being modified, added, or removed. If 
you’re using an amending agreement, include references to the exact 
sections being revised, and note that all other terms remain in force 
unless otherwise stated.
Have the revised agreement reviewed and signed with proper 
witnessing
Once the draft is finalized, both parties should:
 Review the agreement with their own independent family law 
lawyer
 Sign the document in the presence of a witness (who must also
sign)
 Keep copies for their records and for potential court use
Proper witnessing and legal review ensure that the agreement meets 
Ontario’s legal standards and is less likely to be challenged later.
Preventing Conflict When Revising Your Agreement
Use neutral third parties such as family mediators
A family mediator can play a vital role in facilitating discussions, 
especially if emotions run high or complex issues are at stake. Mediators 
offer a neutral perspective, encourage productive dialogue, and help both 
parties focus on mutual understanding rather than confrontation. This 
often leads to quicker, less costly outcomes than litigation.
Focus on the best interests of children if parenting terms are involved
When parenting time, decision-making responsibility, or child support is 
being revised, the guiding principle should always be the best interests 
of the child. Keeping the child's well-being at the center of discussions 
can reduce tension and lead to more cooperative solutions that support 
long-term family stability.
Keep documentation of all changes and communications
It’s important to keep a clear paper trail throughout the revision 
process. Save emails, written proposals, drafts, and notes from mediation 
sessions. These records can be helpful if there is ever a disagreement 
about what was discussed or agreed upon.
Don’t rely on verbal modifications—only written updates are 
enforceable
Verbal agreements, even if made in good faith, are not legally 
enforceable in Ontario. To protect both parties and avoid future legal
complications, all changes must be documented in writing, signed, and 
properly witnessed. Formalizing the agreement ensures that everyone 
understands their obligations and that the new terms will hold up in 
court if needed.
Contact us today!
Need help? Visit SeparationAgreementOntario.ca or call 
at (647) 254-0909 for expert advice.
Download from here – Template of Separation Agreement 
Form Ontario
Create a Separation Agreement | Separation FAQs