The pathway asks you questions about what you want to include in your agreement and it fills out the agreement for you. When you are done, you can save and print your work. The pathway is free to use.
This guided pathway does not give you legal, tax, or financial advice and it does not tell what you should include in your separation agreement. If you need legal advice about your situation, talk to a lawyer.
Do you feel safe?
If you are in danger right now, call 9-1-1.
If you are worried about abuse, call 2-1-1 to find support services in your community.
Family violence is abuse or neglect from someone in your family. Some types of abuse are:
- hitting someone
- sexually abusing a child or adult
- refusing to follow a decision-making or parenting schedule they agreed to
- not caring for the children
- not returning the children at the end of their parenting time
- stalking or harassing someone on social media or at home or work
- refusing to pay child or spousal support that they have agreed to pay
- hurting or threatening to hurt a pet animal, like a dog or cat.
Abuse can happen in any family or relationship. Sometimes one spouse abuses the other spouse or children while the family is together, or it might happen after they separate. Sometimes abuse starts or gets worse when the relationship is ending or after the spouses separate.
All abuse is wrong, and some abuse is against the law. In Canada, a person is breaking the law when they
- assault, threaten, or harass another person
- control another person’s money
- control a person’s religious or cultural activities
- control a person’s visits with family members, or
- control personal decisions someone else wants to make.
If someone is abusing you or your children, talk to a lawyer or to someone else you trust. If you need help or information about abuse, you can call the Transition House Association of Nova Scotia’s 24-hour toll-free line: 1-855-225-0220. Or you can call or text 2-1-1 for resources near you, or to connect with the Men’s, Women’s, or All Genders helplines. Here are some other helping services and supports and Safety Planning information. Here is legal information about family violence: nsfamilylaw.ca and legalinfo.org
If you are experiencing or have experienced abuse, please think about whether you can make your own decisions about your children, support, or property. If you feel that you are just going along with what your spouse wants you to do, or if you know that you are being asked to do something wrong, talk with a lawyer.
How to use the pathway
First, decide if this pathway is right for you. Read 'Is this pathway for you?' to help you decide.
Second, read Before you begin and gather the information and documents you need for the pathway.
If you need to stop, you can save your work for up to 90 days by clicking the save button at the bottom of any page of questions. You will need an email address which you have access to in order to create an account. After creating an account you can leave the pathway with your progress saved and come back to it later.
When you finish the pathway, you can print off the separation agreement. Follow these steps to sign your separation agreement.
All the information that you give is confidential. We will not give your personal information to anyone unless you ask us to do this. Read more in the Terms of Use and Privacy Policy before you use the pathway.
Throughout this website choose the icon to reveal more information about the area you are viewing. You can also click the icon for answers to common questions that many people have already asked.
Is this pathway for you?
When you separate you do not need to do anything. The law does not say you must do a separation agreement. Not everyone who separates does one. But many people make a written separation agreement. This helps everyone to remember what they agreed to. And places such as banks and other people will tell you that you need a separation agreement (or a court order) to do things like get benefits or to confirm the ability to take over debt in your own name. Read 'Separation' to learn more about separation agreements. Take your time. Learn about your legal rights and responsibilities first. Separation agreements are not for everyone, and this do-it-yourself pathway may not be a good option for you. Read on below to help you decide if this pathway is right for you.
Use this pathway if all of the following are true for you:
- you and your spouse live in Nova Scotia
- any real estate you own is also in Nova Scotia
- you can safely work together to make the agreement
- you and your spouse have equal power in working out the agreement
- you have a straightforward personal and financial situation
- you are both willing to negotiate in good faith, and be flexible and compromise when appropriate
- you understand your legal rights and responsibilities
- you have shared full and up-to-date financial information with each other, for example, income information, and a complete list of assets and debts with statements to confirm your information
- no one is pressuring, forcing or influencing you to make an agreement
- you understand the risks of making a separation agreement, especially without a lawyer
- you understand that you should talk with a lawyer before signing a separation agreement. This is called getting independent legal advice.
Do not use this pathway to make your separation agreement if any of the following are true for you:
- You live outside Nova Scotia
- There is family violence
- One spouse is vulnerable
- You want to give up legal rights
- You only want a Parenting Plan and don't want to address support and property division issues
- You have a legal document that may affect your separation agreement
- The family home is on a First Nation community (‘reserve’)The family home is outside Nova Scotia
- You own real estate outside Nova Scotia
- You jointly own land or other assets with someone other than your spouse
- You own multiple properties
- You have land in a Land Titles Initiative Community and do not have clear title to it
- You own a business or you have a business interest
- You have multiple sources of income
The list above tells you some of the situations where you should not use pathway. It does not list every situation. You should talk to a lawyer if you are not sure if the pathway is the right option for you.
More information about who should not use the pathway
You live outside Nova Scotia
The pathway is not for you if you live in another province or territory or outside Canada. In Canada you can get in touch with a public legal education organization where you live to find out options for making a separation agreement. Or contact a lawyer in private practice who does family law in the place where you live.
There is family violence
If you are experiencing or have experienced abuse, talk with a lawyer first. Think about whether you are able to make your own decisions about your children, support, or property. A lawyer can help with problems like:
- safety concerns
- you feel that you are just going along with what your spouse wants you to do
- you are agreeing to something that is unfair just to ‘get it over with’
- your spouse is pressuring you to agree to something that is wrong for you or your children. For example, you are being pressured to give up a legal entitlement to spousal support or agree to a parenting or child support arrangement that will not protect your children’s wellbeing.
If someone is abusing you or your children, talk to a lawyer or to someone else you trust. If you need help or information about abuse, you can call the Transition House Association of Nova Scotia’s 24-hour toll-free line: 1-855-225-0220. Or you can call or text 2-1-1 for resources near you, or to connect with the Men’s, Women’s, or All Genders helplines. Here are some other helping services and supports and Safety Planning information. Here is legal information about family violence: nsfamilylaw.ca and legalinfo.org
One spouse is vulnerable
In order to make a fair agreement both people should have equal bargaining power. One spouse may be vulnerable and unable to negotiate a fair agreement:
- if they are financially dependent on the other spouse,
- if there has been family violence, or
- if they have serious mental health problems or addiction.
In situations like these both parties should have a lawyer negotiate the agreement on their behalf or file a court application at the Supreme Court (Family Division). At court a conciliator (special court worker) or a judge can help you resolve your issues. Instead of getting a separation agreement at the end of the process you will have a court order.
You want to give up legal rights
You should talk with a lawyer first to make sure you have all relevant information, understand the risks to you and your children if you give up legal entitlements, and so that you can make a fully informed decision.
Remember that if you give up your rights you may not be able to change your mind and get those rights back later. For example, if you give up your interest in a pension you cannot ask to have your interest in that pension after the agreement is signed.
You only want a Parenting Plan
If you only want a Parenting Plan, use the Government of Canada's interactive Parenting Plan tool instead of this pathway.
You have a legal document that may affect your separation agreement
Before you make your separation agreement you should have a lawyer read any legal document that may affect it. Make sure you follow your legal obligations under those documents.
Examples of legal documents you should have a lawyer review with you are:
- a court order
- any deed where you own land together with anyone other than your spouse.
You have land in a Land Titles Initiative Community and do not have clear title to it
The Land Titles Initiative (LTI) helps residents in the communities of North Preston, East Preston, Cherry Brook/Lake Loon, Lincolnville and Sunnyville get clear title to their land at no cost. There are Community Navigators to help all applicants involved in the Land Titles Initiative. Their role is to work directly with residents to help them through the land claims process. There are different ways to get clear land title. The Community Navigators will help you get on the right path and will track the progress on your case. They can also help connect you with other services you may need.
You can call a Community Navigator to ask questions about the status of the title to a parcel within the LTI communities. You do not need to have a land titles claim registered with the LTI. If title is unclear, you may submit an intake application to determine your eligibility for the LTI.
To speak with a Community Navigator or schedule a meeting call toll free: 1-833-424-6100 or email: [email protected].
You might still be able to use the separation agreement pathway, but it would be best to get legal advice first to make sure.
You jointly own land or other assets with someone other than your spouse
You jointly own (joint tenants or tenants in common) property—a house, condo, land—or have other assets like a bank account or investments with someone other than your spouse. You should get legal advice before writing your separation agreement.
The family home is on a First Nation community (reserve)
Nova Scotia’s family real property laws do not apply to First Nation reserves.
Instead, a First Nation can pass its own Matrimonial Real Property law. If a First Nation does not have its own law, the federal Family Homes on Reserves and Matrimonial Interests or Rights Act (FHRMIRA) applies. The FHRMIRA applies to married couples or common-law partners living on reserve, where at least one partner is a First Nation member or Status Indian.
These First Nation communities have passed their own local matrimonial real property laws: Bear River First Nation, Membertou First Nation, Millbrook First Nation, Paqtnkek Mi’kmaw Nation, Pictou Landing First Nation, Sipekne’katik, and We’koqma’q First Nation.
For more information, the Confederacy of Mainland Mi’kmaq has a Matrimonial Real Property PowerPoint presentation and a Mi’kmaw Matrimonial Real Property Guide for: Bear River, Millbrook, Paqtnkek, Pictou Landing and Sipekne’katik.
Indigenous Services Canada also has information online at www.canada.ca/en/indigenousservices-canada.html, under ‘‘Treaty annuities, estates and trusts,” then “Matrimonial Real Property on reserve.”
You could also contact a lawyer who does family law and who knows about Aboriginal law and the real property rules that apply on reserve.
The family home is outside Nova Scotia
Your family home must be in Nova Scotia to use this pathway. That is because family property laws are different in each province and territory, and outside Canada.
You own real estate outside Nova Scotia
Owning real estate outside of Nova Scotia would make negotiating an agreement complicated and another lawyer where the property is located would have to be hired to help you. There may be income tax and other financial issues you may not be aware of.
You own multiple properties
You need a lawyer, and may also need help from other professionals, such as an accountant. This is because there are complicated income tax and other financial considerations for your situation.
You own a business or you have a business interest
This is complicated because there are income tax and other financial implications you need to be aware of. If this is your situation you will need a lawyer, and may also need help from other professionals, such as an accountant.
You have multiple sources of income
Most people who earn an income from their business need an accountant to help them determine their annual income for child support purposes. This may be different from the income reported on line 1500 of their personal income tax return (T1).
