Should You Create A Separation Agreement Without A Lawyer? Real Insights For The Best Decision For You

Sep 23, 2025

When you’re ending a relationship, it’s never easy. As family law lawyers at Kelly Jordan Family Law, we know that one of your questions is whether you can create a separation agreement without a lawyer. The short answer is yes. It is legally possible.

However, the better question is “Is it a wise decision for my situation?”

One of the most important steps in getting a divorce is putting a separation agreement in place.

This guide will walk you through what it means to create an agreement on your own, the risks involved, and the benefits of seeking support from a family law attorney. Our goal is to give you clear insights so you can make the best decision for yourself and your family.

What Is a Separation Agreement?

A separation agreement is a legally binding contract between you and your spouse or partner. It usually covers:

Division of property and debts
Parenting arrangements and decision-making responsibility
Child support and spousal support
How future disagreements will be managed

Once signed by both parties and witnessed, the agreement is enforceable. Courts often rely on these agreements if later disputes arise, so accuracy and fairness are essential.

This CLEO resource is a good place to start to understand some of these key questions you may need to address in the separation agreement.

Read more about what separation agreements entail.

Can You Do a Separation Agreement Without a Lawyer?

Yes, you can. Many people start by downloading templates or drafting an agreement on their own. This approach can feel appealing for a few reasons:

Saving money. You avoid paying legal fees upfront.
Simplicity. If you believe the issues are straightforward, it may seem unnecessary to involve a lawyer.
Control. Some couples prefer to keep the process private and manage negotiations themselves.

But while it’s possible to do this on your own, creating an agreement without legal guidance carries real risks. What looks simple on paper may have hidden legal implications that you only discover later.

Working with an attorney for family law matters, like a separation agreement, can save you time, money and frustration that could have been avoided.

Pros of Doing It Yourself

There are certain situations where preparing an agreement without a lawyer may be less risky. For example:

Short relationships with no children. If you lived together for a year, share no property, and both agree to move on with nothing owed, a basic agreement may work.
Low-value assets. If you only need to confirm who keeps a car or a few shared household items, the terms are limited.
High level of cooperation. If you and your partner have open communication, no power imbalances, and a mutual desire to be fair, the chances of success improve.

In these cases, drafting your own agreement may be the best short-term solution, provided both parties are honest and transparent.

Cons of Doing It Yourself

When it comes to legal matters, there are always risks. We know this firsthand, as we often get clients who come to us when something that seemed like a simple solution turns out to inevitably come with its own issues.

The reality is that the risks of preparing a separation agreement without professional guidance are often greater than they appear:

Missed legal requirements. Agreements must meet certain formalities to be enforceable. If the language is vague or a clause is missing, a court could set it aside.
Unfair outcomes. One spouse may unknowingly waive rights to property or support, leaving them financially vulnerable.
Parenting disputes. Even if you and your partner agree now, unclear terms about decision-making or parenting time can create conflict later.
Future challenges. If either party changes their mind, a poorly drafted agreement may not hold up in court. You could end up spending more money on litigation than you would have on legal advice at the start.
Stress and uncertainty. Without professional reassurance, you may always wonder if your agreement is strong enough to protect you.

When to Consider Help from a Lawyer

There are many moments where working with a family law lawyer like Kelly Jordan makes a difference. Here are a few examples:

Children are involved. If you are negotiating parenting schedules, child support, or decision-making, a lawyer helps ensure the agreement protects the best interests of the children and follows provincial guidelines.
Property division is complex. If you own a home, have pensions, or share significant assets, legal advice ensures everything is valued properly and divided fairly.
Unequal bargaining power. If one partner controls the finances or communication feels unbalanced, a lawyer can level the playing field.
Spousal support is unclear. Calculating support requires looking at incomes, length of relationship, and needs. A lawyer can explain what the law says and what a court would likely order.
You want peace of mind. Even if your situation feels straightforward, having a lawyer review your draft ensures it meets legal standards and protects your future.

Connect with Kelly Jordan and our team to see how we can make your separation agreement process a smoother one if you’re facing any of these issues.

How a Lawyer Supports the Process

Many people worry that involving a lawyer will make things more adversarial. In reality, working with a family law lawyer often makes the process smoother and less stressful.

A lawyer can:

Explain your rights and obligations clearly.
Draft or review the agreement to ensure it meets Ontario law.
Spot potential issues that could cause problems later.
Facilitate fair negotiation, keeping emotions in check.
Provide independent legal advice (ILA). Courts often require each party to confirm they received ILA to ensure the agreement is valid.

At Kelly Jordan Family Law, we often meet with clients who began the process themselves but quickly realized they needed reassurance. In many cases, we are able to refine their agreement and correct technical errors. We want you to have the confidence to move forward!

Finding the Right Balance

The decision comes down to weighing your comfort level against the risks.

If your separation is uncomplicated and both of you are fully transparent, starting with your own draft may be an option.
If there are children, significant assets, or any tension, legal support is strongly recommended.

Remember: the agreement you create now may affect your financial security and parenting responsibilities for years. Saving on legal fees in the short term may not be worth the long-term consequences.

Is It Time To Seek An Attorney For Family Law Expertise And Your Separation Agreement?

So, should you create a separation agreement without a lawyer? The answer depends on your circumstances, but most people benefit from at least some legal input. While you technically can do it yourself, the risks of error, unfairness, or future challenges are high.

Working with a divorce lawyer does not have to be overwhelming or combative. Instead, it provides clarity, protection, and reassurance at a time when you need it most.

At Kelly Jordan Family Law, we help clients navigate separation with respect and care. Whether you need full drafting services or simply a review of your agreement, we are here to ensure your rights are protected and your next chapter begins with confidence.

Contact us online or call our Toronto offices at 416-849-5501 to schedule a consultation. Let us provide you with the guidance and representation you need.