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Set Aside Separation Agreement Ontario

Set Aside Separation Agreement Ontario: What You Need to Know

A separation agreement is a legal document that outlines the terms and conditions for a couple who are ending their marriage or common-law relationship. It covers everything from property division to child custody and support. However, like any legal document, a separation agreement can be contested or challenged in court. This is where the concept of “set aside” comes into play.

What is Set Aside?

Set aside refers to the process of overturning or canceling a legal decision or agreement. In the case of a separation agreement, set aside means that one or both parties are asking the court to declare the agreement invalid or unenforceable.

Why Would Someone Want to Set Aside a Separation Agreement?

There are several reasons why someone may want to set aside a separation agreement:

1. Duress or undue influence: If one party was coerced or pressured into signing the agreement, the court may consider this a form of duress or undue influence.

2. Lack of capacity: If one party was mentally or physically incapable of understanding the agreement at the time of signing, the court may consider this a lack of capacity.

3. Fraud or misrepresentation: If one party was misled or deceived about the terms of the agreement, the court may consider this fraud or misrepresentation.

4. Unfairness: If the agreement is fundamentally unfair or inequitable, the court may consider setting it aside.

How to Set Aside a Separation Agreement in Ontario

If you want to set aside a separation agreement in Ontario, you will need to file a court application. The court will consider several factors when deciding whether to set aside the agreement, including:

1. The circumstances surrounding the signing of the agreement

2. The level of understanding of each party at the time of signing

3. The fairness and reasonableness of the agreement

4. Whether there was any coercion, duress, or undue influence

5. Whether there was any fraud or misrepresentation

If the court decides to set aside the agreement, it may order a new agreement to be drafted, or it may make a decision about the issues in dispute.


A separation agreement is an important legal document that should be carefully considered and drafted. However, if there are issues with the agreement, it is possible to set it aside through the court process. If you are considering setting aside a separation agreement in Ontario, it is important to seek legal advice from an experienced family law lawyer. They can help you understand your options and guide you through the court process.

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