Should You Include a ‘No Contact’ Clause in Your Separation Agreement?

When a relationship ends—especially in high-conflict or emotionally charged circumstances—it’s crucial to establish clear boundaries. For separating couples in Ontario, one option is to include a ‘no contact’ clause in the separation agreement. But is it the right choice for your situation? Let’s explore what this clause entails, why it’s used, and what to consider under Ontario family law.

What Is a ‘No Contact’ Clause in a Separation Agreement?

A ‘no contact’ clause is a legal provision within a separation agreement that restricts communication between the two parties after separation. It can prohibit direct forms of contact such as in-person visits, phone calls, or text messages, as well as indirect communication through third parties or social media.

Definition and Intent

The primary goal of a no contact clause is to establish personal space and emotional safety—especially in situations where continued interaction may be harmful or distressing. While not common in amicable or uncontested separations, this clause can be vital when dealing with a high-conflict breakup.

Common Reasons for Including a No Contact Clause

Some of the most frequent scenarios where a no contact clause may be considered include:

• History of abuse or harassment (verbal, emotional, or physical)
• Ongoing conflict or intimidation
• One party needing space to heal emotionally
• Concerns about escalation or breaches of privacy

Although it’s not a substitute for a court-ordered restraining order, a no contact clause carries legal weight if one party violates the agreed-upon terms.

Types of No Contact Clauses

Not all no contact clauses are the same. Depending on the couple’s situation, the terms can be broad or limited:

• Full No Contact: Completely prohibits any communication unless through legal counsel or in an emergency.
• Limited No Contact: Restricts all personal or non-essential communication but allows contact related to parenting responsibilities, such as scheduling exchanges or discussing a child’s medical needs.

Is a ‘No Contact’ Clause Legally Enforceable in Ontario?

Enforceability Under Ontario’s Family Law Act

Under Ontario’s Family Law Act, separation agreements are considered valid and enforceable contracts as long as they meet certain legal criteria, including:

• Voluntary agreement by both parties
• Full and honest financial disclosure
• Independent legal advice for each party
• No duress or coercion

A no contact clause may be upheld by a court as part of a legally binding domestic contract, particularly if there are safety concerns, a documented history of conflict, or emotional abuse. If properly drafted and agreed upon, it becomes part of the broader separation agreement that courts can enforce.

Limitations of Enforceability

Despite its potential validity, a no contact clause cannot override certain legal rights or obligations—particularly those involving parenting responsibilities:

• Cannot prohibit communication essential to co-parenting: Courts will not enforce a clause that prevents parents from discussing matters directly related to a child’s health, education, or general welfare.
• Cannot contradict court-ordered parenting time or access: If there is an existing court order that requires interaction between parties (e.g., for custody exchanges), a no contact clause cannot be used to nullify or obstruct that order.

As such, courts may require that any no contact arrangement include exceptions for parenting communication—often suggesting the use of neutral channels such as parenting apps or supervised intermediaries.

When a Court Might Uphold or Reject the Clause

A court may uphold a no contact clause when:

• There is evidence of harassment, abuse, or a serious communication breakdown.
• The clause is clearly worded, reasonable, and includes necessary exceptions for parenting.
• Both parties had independent legal advice when signing the agreement.

However, a court may decline to enforce the clause if:

• It interferes with parenting time or limits essential co-parenting duties.
• It was agreed upon under pressure, without proper legal representation.
• It is too vague, overly broad, or contrary to the child’s best interests.

When Is It Appropriate to Include a ‘No Contact’ Clause?

Including a ‘no contact’ clause in a separation agreement is not standard in all Ontario family law cases—it is generally reserved for specific high-conflict or sensitive situations. When used properly, it can help establish safety, reduce stress, and create emotional distance to support a healthier post-separation environment.

Situations Involving Harassment, Threats, or Domestic Violence

The most common and appropriate use of a no contact clause is in cases involving domestic violence, verbal abuse, stalking, or harassment. In these circumstances, continued communication can lead to:

• Re-traumatization of the victim
• Escalation of conflict
• Threats to personal safety or well-being

In such cases, a no contact clause can act as a preventive boundary, even if no criminal charges or restraining orders have been issued. It also documents a clear expectation that the parties will avoid unnecessary or harmful interaction.

If there are serious safety concerns, parties should also consider whether a court-ordered restraining order or emergency protection order under the Criminal Code or Family Law Act is more appropriate.

Mental Health Considerations or Emotional Distress

A no contact clause may also be appropriate where there is significant emotional distress or mental health concerns stemming from continued interaction. For example:

• One party is experiencing anxiety, depression, or PTSD related to the relationship
• Communication frequently results in emotional outbursts or harmful exchanges
• There’s a pattern of manipulative or controlling behaviour

While not necessarily involving physical abuse, these situations may still warrant emotional separation for recovery and long-term stability. A no contact clause can provide structure, particularly if the parties do not need to communicate about shared children or property.

When Both Parties Agree It’s in Their Best Interests

In some cases, both parties may mutually agree that limiting contact is the healthiest option, even without a history of abuse. This might occur when:

• The separation is especially contentious or emotionally charged
• Both individuals are attempting to move on and prefer not to have contact
• They want to avoid misunderstandings or rekindling conflict

When there are no parenting obligations, a full no contact clause can support a cleaner break. If children are involved, a limited no contact clause may be more appropriate—outlining specific methods and boundaries for child-related communication (e.g., email only, use of a parenting app, or third-party drop-offs).

Key Considerations Before Including a ‘No Contact’ Clause

Impact on Co-Parenting and Child-Focused Communication

If you share children with your former partner, some level of communication is almost always necessary. Courts in Ontario prioritize the best interests of the child, which includes ensuring that both parents can fulfill their roles effectively. A blanket no contact clause may interfere with:

• Coordinating parenting time or visitation
• Responding to emergencies or school issues
• Making joint decisions on health care, education, and other major concerns

To address this, many separation agreements use a limited no contact clause that specifically allows for parenting-related communication through defined, neutral channels.

The Importance of Clarity: What Counts as ‘Contact’?

The success of any no contact clause lies in how clearly it is worded. Vague or overly broad language can lead to disputes or make enforcement difficult. The agreement should define:

• What types of communication are restricted (e.g., phone calls, texts, emails)
• Whether social media interactions (e.g., tagging, messaging) are included
• Whether communication through family or friends is considered a violation

Clear definitions reduce ambiguity and ensure both parties understand the boundaries.

Alternatives: Communication via Third Parties or Parenting Apps

If contact is necessary but direct interaction is not appropriate, consider alternatives such as:

• Parenting coordination services
• Mediators or lawyers serving as communication intermediaries
• Parenting apps like OurFamilyWizard or TalkingParents, which document all interactions

These tools help reduce conflict and increase accountability, making it easier to maintain necessary communication without crossing personal boundaries.

Possibility of Including Exceptions or Time Limits

A rigid no contact clause may not always be suitable long-term. To increase flexibility and fairness, your separation agreement could include:

• Time limits, allowing the clause to expire after a certain period
• Exceptions for emergencies or mutual consent
• Review periods, during which both parties (or a mediator) assess whether the clause is still needed

This approach respects the need for immediate boundaries while recognizing that circumstances can evolve—especially as co-parenting routines stabilize or emotional intensity subsides.

How to Draft a ‘No Contact’ Clause That Holds Up Legally

Involve Family Lawyers or Mediators to Ensure Clarity and Balance

A separation agreement is a binding legal contract, and a no contact clause—especially one with potential implications for co-parenting or safety—should be reviewed or drafted with help from a family lawyer or certified family mediator. These professionals can:

• Evaluate whether the clause is appropriate in your situation
• Ensure that it complies with the Family Law Act (Ontario)
• Balance the interests of both parties, especially if children are involved

Involving professionals reduces the risk that the clause will be deemed unfair or unenforceable.

Use Precise Language to Avoid Ambiguity

Ambiguity is the enemy of enforcement. A no contact clause must clearly define:

• What types of contact are prohibited: (e.g., phone, email, text, social media, in-person)
• Any allowable exceptions: (e.g., emergency contact related to children)
• The duration of the clause: (e.g., indefinite, time-limited, or reviewable)
• Consequences for breach, such as modification of terms or legal remedies

For example:
“Except in the case of a child-related emergency, Party A shall not contact Party B via telephone, text message, email, social media, or in person, either directly or indirectly through third parties, for a period of 12 months from the date of signing.”

Ensure Both Parties Provide Informed Consent and Receive Independent Legal Advice

Ontario courts are more likely to enforce a separation agreement—including a no contact clause—when both parties have:

• Understood their legal rights and obligations
• Received independent legal advice (ILA)
• Signed the agreement voluntarily and without coercion

This helps to prevent future claims that the clause was unfair or signed under duress. The ILA certificate should be attached to the agreement to demonstrate compliance.

Document Any History That Justifies the Need for Such a Clause

If the clause is ever challenged in court, supporting documentation can be key. Consider including:

• A brief statement of reasons in the agreement (e.g., history of harassment, emotional distress)
• References to any prior police reports, emails, or medical records
• Acknowledgement by both parties that the clause is intended to support safety or emotional well-being

While privacy should be respected, factual context helps to justify the necessity and fairness of the clause if ever reviewed by a judge.