Skip to content
Free tool · Separation agreements

Will my agreement hold up?

Most separation agreements are never challenged, but the ones that are often have the same weak spots. Check yours against seven common safeguards and get a next step for each gap. No verdict, just a clearer picture.

General information, not legal advice. This tool runs in your browser. Nothing you type is sent anywhere unless you choose to email yourself a link.

Seven safeguards

Answer for the agreement you have, or the one you are about to sign

Your answers stay in this browser. There is no pass or fail: the score only counts how many common safeguards you have ticked.

Full financial disclosureDid you both share complete information about income, assets, debts and pensions, with documents such as tax returns and statements?
Why this matters

Missing disclosure is one of the most common reasons an agreement is challenged. In Ontario, for example, a court can set aside a domestic contract if a party failed to disclose significant assets, debts or other liabilities.

Independent legal advice for each personDid each of you get advice from your own lawyer, separately, before signing?
Why this matters

Independent legal advice helps show that each person understood the agreement and its consequences. In Ontario a contract can be set aside if a party did not understand its nature or consequences.

No pressure, time to thinkDid both of you sign freely, with enough time to read it, and without threats, ultimatums or a deadline forced on you?
Why this matters

An agreement signed under pressure, or one that takes unfair advantage of someone who was vulnerable, is more open to challenge under the ordinary law of contract.

Signed and witnessedIs it in writing, signed by both of you, and was each signature witnessed?
Why this matters

Formal requirements vary. In Ontario, a domestic contract is unenforceable unless it is made in writing, signed by the parties and witnessed. Other provinces and states set their own rules, which can include notarisation or court approval.

Child support at or above the guidelinesIf you have children, is child support at least the amount the child support guidelines would set, including special expenses?
Why this matters

Child support is the child's right. In Ontario, for example, a court may disregard child support terms that are unreasonable having regard to the child support guidelines. US courts also generally check child support terms against state guidelines.

Dates, names and signatures completeDoes it show the date of separation, the date signed, full names, page initials and every schedule it mentions?
Why this matters

Gaps such as a missing separation date or an unattached schedule can create arguments later about what was agreed and when.

Clear, specific termsCould a stranger read each term and know who does what, by when, and what happens if something changes?
Why this matters

Vague terms such as 'reasonable access' or 'to be shared' are a common source of disputes and may be hard to enforce.

What this is and isn't

General information, not advice for your situation

This tool is

  • A checklist of safeguards that commonly affect whether a separation agreement is respected.
  • A way to spot gaps early, while they are easier to fix.
  • Examples drawn from Ontario law and the Federal Child Support Guidelines to show why each item matters.

This tool isn't

  • A ruling on whether your agreement is valid or enforceable.
  • A complete list. Your province or state may have other formal requirements, and the terms themselves matter.
  • A substitute for independent legal advice before you sign.

Rules differ between provinces, territories and states, and they change. Before you rely on anything here, check it with a family lawyer, mediator or other qualified professional in your province or state.

Sources

Where this comes from

Official sources we checked on October 22, 2026.

Related on FairWell

Keep going on FairWell

Agreement health checkA longer clause-by-clause self-check with a gap report.Is a DIY separation agreement binding?What makes a home-made agreement stick, or not.Independent legal adviceWhat happens at an ILA meeting and what it costs.Financial disclosure checklistThe documents to gather and exchange.Separation agreement prepOrganise both people's information before a lawyer drafts.Find a family lawyerLawyers and mediators whose credentials we check.
Optional

Email me a copy

We'll email you a link back to this tool. What you typed stays in this browser and is not sent, so use Print or save as PDF if you want to keep your answers.

One email with the link. Guides only if you tick the box, and you can unsubscribe in one click.