Do I Need to File My Separation Agreement?

You have a legal Separation Agreement, created in mediation - now what?

You’ve made it through mediation. The difficult conversations are behind you, the paperwork is signed, and you finally have a separation agreement in hand. But now what?

This is a question I hear often from clients. After all the emotional and legal work of reaching a fair, sustainable agreement, it’s not always clear what comes next, especially if you're legally married and wondering about divorce. This post will walk you through what happens after a separation agreement is finalized, whether you plan to apply for divorce now, later, or not at all.

You’re Done Mediation, You Might Be Asking, "Do I file my Separation Agreement now?"

If you’ve reached a full separation agreement through mediation, congratulations. That’s no small feat. The agreement outlines how parenting, finances, and property will be handled going forward. It's a legal document, and assuming it’s been properly signed and witnessed, it’s now enforceable.

At this stage, the most immediate and practical step is simple: store the signed agreement safely.

• If you have a paper copy, keep it in a secure place (not just your kitchen drawer).

• If it was signed electronically, make sure you know where the digital copy is stored, and ideally, back it up on a second device or cloud service.

But, it's also natural to wonder, "Do I file my separation Agreement now?" It’s worth saying here that this agreement doesn’t automatically get filed with the court unless you or the other party decide to make it into a court order, more on that later.

If you're in a common-law relationship, the separation agreement may be all you need unless there's a later dispute that requires a court's involvement.

If you were legally married, however, you may be wondering how, and when, to make the divorce official in the eyes of the law.

When and How to Apply for Divorce in Ontario

In Ontario, you can apply for a divorce once you've been separated for one full year. The date of separation is usually the same one listed in your agreement, and it doesn't matter if you’re still living under the same roof, what matters is that you’ve been living "separate and apart."

Most of my clients who’ve gone through mediation choose to file for what's called a joint divorce. This is where both spouses apply together, using a set of forms and filing them at the courthouse (or online).

Why choose a joint divorce?

• It doesn’t require “serving” documents on each other.

• You don’t need to attend court in person.

• It's generally faster and less stressful, especially when a separation agreement is already in place.

Step-by-Step: Filing a Joint Divorce in Ontario

If you’re ready to file, here’s what you’ll typically need to do:

1. Visit your local family courthouse (or use the online filing portal).

2. Fill out the required forms - these may vary slightly by region but generally include:

   • Form 8A (Application)

   • Form 36 (Affidavit for Divorce)

   • Form 25A (Draft Divorce Order)

3. Submit your forms along with your separation agreement and any required supporting documents (like a marriage certificate).

4. Pay the filing fee, currently about $650 total (divided over two stages).

5. Wait for review - a judge will look over your application and, if everything is in order, approve it.

6. Pick up your divorce order (also called a divorce certificate) about 30 days after it’s granted.

It’s important that the agreement, especially any child support section, complies with federal guidelines. Judges tend to pay close attention to this part, and if something doesn’t line up, it may cause a delay or rejection.

Follow this simple chart to understand what you need to do next.

Avoiding Mistakes: Fill Out Forms the Smart Way

One of the most common problems I see is people making small mistakes on their divorce forms, crossing things out, using white-out, or submitting the wrong version. Unfortunately, courts usually don’t just correct these for you. You’ll be asked to redo them, and that can mean multiple trips back to the courthouse.

That’s why I recommend clients use the Steps to Justice guided online tool. It's a free tool that lets you:

• Fill out all required forms electronically

• Save your work and return to it later

• Make corrections without having to start from scratch

This is a game-changer, especially for people who don’t want to risk delays or rejections due to technical errors.

Not Everyone Files for Divorce Right Away

You might be surprised to know that some people never file for divorce, or wait years before doing so. That’s okay too.

If you're not ready or don't feel the need to file, your signed separation agreement still stands as a binding legal contract. Just make sure to:

• Keep it safe

• Know when you might want to refer back to it

• Be prepared to take legal steps if enforcement ever becomes necessary

For common-law couples, there is no formal divorce process. The agreement is your main protection, unless a court order becomes necessary later on due to disputes or enforcement needs.

Where to Get Help (and a Little Extra Guidance)

Each courthouse has a Family Law Information Centre (FLIC) that can help walk you through the process. That said, in my experience, the level of support can vary depending on who’s working that day.

That’s why I’ve created a simple, easy-to-follow PDF guide for Ontario clients applying for a joint divorce. It includes:

• A checklist of required forms

• Practical filing tips

• Guidance on what to expect at each step

  
  

If you’d like a copy, or want help understanding how this applies to your specific situation, feel free to reach out to me directly. I’ll be happy to share the guide and help you move forward with confidence.

Need a Hand Moving Forward?

If you’ve completed your separation agreement and are ready for what comes next, you don’t have to figure it all out alone. Contact Michelle at Alliston Resolutions for support, or request our free Ontario Joint Divorce Guide, and make the final stage of your separation as smooth as possible.