Can You Separate or Divorce Without a Lawyer?

Yes—many Ontarians choose a mediator instead of traditional litigation.

A mediator guides the conversation, provides neutral information, and helps spouses make decisions together. A mediator cannot give legal advice, but they ensure both people understand their options and move toward workable solutions.

You can create a Separation Agreement at home or through mediation, but the risks of a DIY agreement include:

• Missing essential legal terms

• Invalid or incomplete financial disclosure

• Agreements later being challenged or overturned

• Unfair or unenforceable clauses

• Significant long-term financial consequences

Most families choose to have a lawyer provide Independent Legal Advice (ILA) before signing.
This gives each partner confidence that the agreement protects their rights.

Legal advice for one or two hours is significantly cheaper than hiring a lawyer for full litigation.

In Ontario, separation and divorce are related but legally distinct. Separation occurs when spouses live separate and apart with no reasonable prospect of resuming their relationship. This does not require a court order or written agreement, and spouses may be considered separated even if they continue to live in the same home. During separation, spouses remain legally married and may reconcile if they choose.

Divorce is the formal legal process that ends a marriage under the Divorce Act. It requires a court application and generally cannot be finalized until spouses have been separated for at least one year. Understanding this distinction helps individuals make informed decisions about their legal rights and next steps.