What to do next
Exchange complete financial disclosure
Income, assets, debts, pensions and business interests, with documents. Incomplete or concealed disclosure is the most common reason agreements are later set aside — and the concealing party bears that risk.
Get independent legal advice separately
Each spouse needs their own lawyer. One lawyer cannot advise both, and the absence of independent advice is a standard ground for challenging an agreement later.
Understand what you cannot bind
Child support is subject to the guidelines and a court's oversight, and parenting arrangements are always subject to the child's best interests. You cannot contract out of either.
Address the mechanics, not just the principles
Dates, amounts, indexation, review triggers, who pays what and when, how the home is transferred or sold, and what happens on default. Vague agreements are the ones that return to court.
Frequently asked questions
Can we just write it ourselves?
You can, but agreements without disclosure and independent legal advice are markedly easier to set aside. The saving is usually false economy.
Can we agree there will be no child support?
Not effectively. Child support belongs to the child and is subject to the guidelines and court oversight. Courts will not enforce an agreement that ignores it.
Is it binding without a court order?
A properly executed agreement is a contract and is enforceable, and it can generally be filed or incorporated into an order to ease enforcement.
What if circumstances change?
Support is variable on material change. Property division is usually final. Building review triggers into the agreement avoids returning to court later.
This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.