A "separation" is when a couple decides to live apart from each other because the relationship has broken down. The couple may be married, or they may be unmarried but living together like a married couple in a common-law relationship. A "divorce" is when a court officially ends a marriage. Only legally married couples can divorce.

Most couples enter into a Separation Agreement, then file for divorce at a later date. In Ontario a couple must live separate and apart for one year before being eligible to receive a divorce.

A Separation Agreement is a written contract that a couple makes after separating that details their parenting plans, financial support and how they will divide their property and debts. A couple can reach agreement on some or all components in a Separation Agreement through mediation but a mediator cannot draft a Separation Agreement.

A Separation Agreement will typically include the following components:

• Division and ownership of property

• Possession of the matrimonial home

• Child custody, decision-making and parenting time

• Medical, education and moral/religious practices of children

• Child support

• Special and extraordinary expenses for children

• Spousal support

• Medical and dental benefits

• Life insurance

• Pension, RRSPs, RESPs and investment accounts

• How future disputes will be resolved

• Any other issues the couple wants to address

Parenting arrangements detail things such as where children will live, how often they will spend time with each parent, and who will be responsible for making major decisions about them. Parenting arrangements can be informal, part of a separation agreement or sometimes ordered by the court.

There are several types of parenting arrangements. All details within a parenting arrangement should be determined based on what is in the best interest of the children. Every child and every family is different. Many factors will affect what arrangements are best for a child and these factors may change over time. For example, a particular parenting arrangement may work well for an infant but not for a teenager. As children grow and life changes parents may choose to update and change parenting arrangements.

Making plans: A guide to parenting arrangements after separation or divorce

Child support is a monthly payment that one parent pays to the other parent for the benefit of dependent children. Usually, the “payor parent” either spends less time with the children or, makes more money than the other parent if they spend an equal amount of time with the children. Child support is calculated using the Federal child support guidelines to determine what is required to be paid.

A parent can be a birth parent, non‑birth parent, adoptive parent, or sometimes a step‑parent, where they have acted as a parent to the child.

If both parents have straight forward income from hourly wages or salary, determining child support can be a simple calculation. However, if a parent's income changes due to self employment, small business income, commissions, employee stock options or regular large fluctuation in work hours it can be more complicated. Seeking independent legal advice is critical in such cases.

When it comes to child support, there is often little room to negotiate since child support is considered the right of the child. Only a lawyer can advise you if any deviation from the child support guidelines is warranted.

Spousal support is the money paid by one spouse with higher income to the other spouse with lower income after they separate or divorce. The purpose of spousal support is to help a spouse with lower income become financially self-sufficient, to prevent them from experiencing serious financial difficulty due to the breakdown of the relationship, to share the costs of caring for children, to compensate one spouse for being financially disadvantaged during the relationship, for example, if one person stopped working to take care of children.

A person may be entitled to spousal support if the couple was married, or lived together as a couple for at least three years or were in a relationship of some permanence for any length of time and had a child together.

To receive spousal support a person needs to demonstrate that they had responsibilities during the relationship that prevented them from building their own career, such as taking care of children or helping their spouse build their career or that the separation or divorce left them in need of financial support and the other spouse has enough income and assets to pay support or if there is a legal agreement between the couple that says a spouse will get spousal support if they separate.

Eligibility for spousal support and the amount of support paid is legal matter that a lawyer can help people fully understand. A lawyer can explain the spousal support advisory guidelines (SSAGs) and how they may apply to a particular situation.

A marriage contract, sometimes called a "prenup" or "postnup" is a legal document where spouses or soon-to-be spouses agree on how their property, debts, and spousal support will be handled in the event of a separation or divorce. It can include terms for property division, debt allocation, spousal support, and inheritance rights. It also often addresses assets acquired before and during the marriage, outlines financial responsibilities, and includes provisions for future earnings and investments.

A marriage contract can include almost anything, as long as the provision is legal. It cannot include provisions for child custody or child support, as these matters are always decided based on the child's best interests according to the law.

Couples can meet with a mediator to reach agreement on the terms of a marriage contact and then have a lawyer draft a legally binding agreement. Both spouses should get legal advice from different lawyers before signing an agreement.

A Cohabitation Agreement is a legally binding contract for an unmarried couple living together to define their financial and property rights and obligations. It can specify how expenses will be handled while living together, ownership interests in property while living together and if the partners separate how assets and debts will be divided and if one partner will pay spousal support upon separation.

Couples can meet with a mediator to reach agreement on the terms of a Cohabitation Agreement and then have a lawyer draft a legally binding agreement. Both partners should get legal advice from different lawyers before signing an agreement.

Working with a mediator does not take the place of a lawyer. It is strongly recommended that you get independent legal advice before you start mediation and throughout the mediation process so that you can understand your rights and obligations under the law.

Lawyers can be involved in a mediation but they do not have to attend mediation sessions with you. If you reach agreement through mediation it is strongly recommended that you contact a lawyer to draft a legally binding agreement and that you both get advice from different lawyers before signing an agreement.