How Much Does A Separation Agreement Cost In 2026?

by | Feb 11, 2026 | legal guidance | 0 comments

Legal separation refers to a situation where you and your spouse remain married but decide to live apart. You can protect your rights and outline your responsibilities during this period with a separation agreement. This is why you may want to know the 2026 separation agreement cost.

A separation agreement involves lawyer and paperwork filing fees that must be paid by the parties signing the document. Today, our family lawyer will help you understand the cost of a separation agreement in Ontario.

What Is A Separation Agreement In Ontario?

Couples planning to separate can develop a separation agreement to outline their responsibilities. The document covers aspects such as:

  • Property and asset division
  • Child support amount and frequency
  • Spousal support amount and frequency
  • Parenting time
  • Decision-making rights of each spouse for shared assets, dependent children, and other things

A comprehensive separation agreement allows you and your spouse to avoid conflicts during the separation period. If you proceed with a divorce after separation, having an agreement will lead to an uncontested or amicable divorce.

Who Covers The Separation Agreement Cost?

The separation agreement cost in Ontario varies depending on the approach you take. For example, you may decide to create a separation agreement without a lawyer, which may cost less than a separation agreement with a lawyer.

When partnering with a family lawyer, each party must cover their own legal fees. If you and your spouse are using a single attorney, the cost must be shared. Ontario courts recommend that spouses receive independent legal advice before developing a separation agreement.

You and your spouse also have to pay the court fees for filing documents. This is especially true if you’re going for a separation agreement without a lawyer. Most law firms adjust the court fees within their family lawyer fees for separation agreements in Scarborough, Whitby, and Toronto.

How Much Does A Separation Agreement Cost In Ontario?

A separation agreement may cost $500 to $10,000+, depending on the type of agreement. Below, we have broken down separation agreement fees by their types:

Separation Agreement Cost Without A Lawyer

Separation agreements without a lawyer are also called DIY (do-it-yourself) contracts. You and your spouse will be responsible for creating a draft of the terms and conditions of the separation. The cost of a separation agreement without a lawyer ranges from $500 to $2,000 in 2026. This figure covers the following charges:

  • Cost of obtaining a separation agreement template
  • Court fees for finalizing the contract and enforcing it legally

Couples who don’t have children, debts, or assets usually choose this route for legal separation. However, the approach carries the risk of not adequately protecting each spouse’s rights. This is why it is advisable to seek independent legal advice from a lawyer before finalizing the agreement.

Separation Agreement Cost With A Mediator

Sometimes, couples choose to partner with a third-party mediator for a separation agreement to save on fees. The neutral party helps you and your spouse discuss the terms of legal separation. Mediation is useful when the agreement involves asset division and minor children.

A separation agreement with a mediator costs $2,000 to $5,000 in Ontario. You and your partner can share the total cost to reduce each other’s financial burden. Some third-party mediators charge by the hour, which can lead to a costlier separation agreement if discussions last too long.

Separation Agreement Cost With A Family Lawyer

The ideal route for a separation agreement is with a family lawyer. A separation agreement with a lawyer costs $5,000 to $10,000 in Ontario. The approach is useful for cases involving:

  • Minor to moderate conflicts
  • Dependent children
  • Complex asset and debt division
  • Spousal support payments

An experienced attorney will discuss the terms with you and your spouse. They also offer advice on division of assets, accurate child support calculation, and other aspects of legal separation. Scarborough family lawyers help you develop a favourable separation agreement that complies with the Ontario Family Law Act.

Separation Agreement Cost With Court Litigation

The most expensive separation agreement is one that involves court litigation. Intervention by the family court is necessary when spouses don’t mutually agree on separation terms. Most separation agreements with litigation cost $10,000 to $30,000+ in Ontario. 

Court litigation may also become essential when one of the spouses refuses to sign a separation agreement. Legal costs increase significantly when the family court has to intervene in separation cases. The exact figure will depend on different factors, such as how long the court proceedings take and Ontario family lawyer fees for court representation.

What Factors Affect Separation Agreement Fees In Ontario?

Here is a list of factors that directly affect your separation agreement fees:

1. Case Complexity

The more complex your case is, the higher the separation agreement fees. Complex cases refer to those in which the following things are involved:

  • Spousal support
  • Child custody and support
  • Spouse refusing to sign a separation agreement

Couples who want to save money on legal separation costs are recommended to negotiate the terms of the contract beforehand. Consulting a family lawyer after you’ve resolved your conflicts can help you save on the attorney’s hourly fees.

2. Type Of Separation Agreement

The type of separation agreement affects the total cost significantly. Working with a family lawyer is the ideal route for legal separation, and slightly expensive. The cheapest method of separation agreement is developing it yourself, but this comes with risks, such as:

  • Inadequate legal protection
  • Lack of financial disclosure
  • Non-compliance with the Ontario Family Law Act

Meanwhile, the most expensive type of separation agreement is one with court litigation. The proceedings can last for months to years, depending on the complexity of the conflict between you and your spouse.

3. Family Lawyer Fees

The hourly rate or flat fees of a family lawyer also affect the separation agreement cost in Ontario. Most attorneys charge $100 to $500 per hour for assisting with drafting and reviewing separation agreements. You can save on the lawyer fees by working out a mutual agreement with your spouse beforehand.

A separation agreement with a lawyer is cost-effective when the attorney doesn’t have to deal with negotiations or conflicts. This is because they only have to transform your contract draft into a formal agreement for legal enforcement.

FAQs

What Is The Cost Of A Legal Separation?

The cost of legal separation with a lawyer ranges from $5,000 to $10,000 for cases without significant conflicts. When the case complexity increases, the legal separation fee also rises in Ontario.

How Much Does A Lawyer Charge For A Separation Agreement?

A family lawyer can charge $100 to $500 per hour for drafting and reviewing separation agreements. The overall process from developing a contract to filing it with the court can cost up to $10,000 in Ontario.

How To Calculate Separation Agreement Fees?

There is no fixed formula for calculating separation agreement fees because of variable factors. You will have to consider the charges of your family lawyer, the duration of court proceedings, and paperwork filing fees to estimate the total separation agreement cost.

Can I Do My Own Separation Agreement In Ontario?

Yes, you can draft your own separation agreement in Ontario, but it is recommended to let a lawyer review the contract before you sign it. You can hire a private attorney or seek independent advice from a Legal Aid Ontario lawyer.

Develop A Comprehensive Separation Agreement With Barnett Law In Ontario

Drafting an adequate separation agreement may be difficult without proper legal knowledge. Barnett Law helps you in such matters by offering expertise in the form of unbiased advice, comprehensive contract reviews, and strong court representation.

We can help you develop a separation agreement from scratch and reinforce it through legal methods. Our family lawyer also offers assistance when a spouse refuses to sign a separation agreement at the last minute. Contact us today for a free consultation with our experienced family lawyer if you wish to learn more about legal separation in Ontario.

Author Profile

Barnett Law
Barnett Law
Barnett Law is a trusted and knowledgeable lawyer in Scarborough. Her expertise spans real estate law, family law, adoptions and fertility law. A lawyer by profession and a humanitarian by heart, Athena Narsingh Barnett wants to help people become more familiar with the legal system and be well-informed to make important legal decisions.