If you have children, the person who has custody of the children is most often the one who stays in the family home with the children. This helps children adapt to their new family situation in a place and neighborhood they already know. The law also provides that you and your husband have the same right to stay in the family home. If you separate, you have to decide who will continue to live there. Simply put, while the separation agreement between the parties provides that the husband could suffer a substantial reduction in income - and in this case he ordered a reduction in his maintenance obligation according to a strict formula - in this case, the threshold agreed by the parties is not reached. The agreement had been concluded with legal advice on both sides and practically watertight. The General Court therefore dismissed the application. Yes.  Any national agreement (which may include in Ontario a marriage contract, a cohabitation agreement or a separation agreement) must be developed with great care and attention to detail. After all, it is a binding legal contract that, if done right, governs the rights and obligations of the spouses or partners who entered into it. A divorce agreement is better known in Ontario as a separation agreement. This agreement is the current legal contract between you and your spouse with respect to all other matters. It is very important that this agreement is prepared properly and in accordance with the laws of Ontario, because the decisions you make now will affect you and your children for years to come.