Separation Agreement - Template, Sample Form Online Pro · EN-CA-law
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SEPARATION AGREEMENT
THIS SEPARATION AGREEMENT is made as of ________.
BETWEEN:
________
of ________
(hereinafter the "First Spouse")
OF THE FIRST PART
- AND -
________
of ________
(hereinafter the "Second Spouse")
OF THE SECOND PART
(the First Spouse and the Second Spouse are hereinafter collectively referred to as the "Parties" and each individually as a "Party")
RECITALS
WHEREAS the Parties were lawfully married to one another on ________ at ________;
AND WHEREAS as a result of irreconcilable differences the Parties have separated and now live separate and apart with no reasonable prospect of resumption of cohabitation;
AND WHEREAS there is/are the following child or children of the marriage as defined in the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), as more particularly described in § 3 of this Agreement;
AND WHEREAS the Parties wish to settle by this Agreement all questions respecting their respective property rights, support obligations, the care of their child or children, and all other rights and obligations arising out of their marriage and its breakdown;
AND WHEREAS each Party has made full and frank financial disclosure to the other and each has had the opportunity to obtain independent legal advice;
NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the Parties agree as follows:
§ 1. STATUS OF AGREEMENT AND GOVERNING LAW
1.1 This Agreement is a domestic contract and, more particularly, a separation agreement within the meaning of the Family Law Act, R.S.O. 1990, c. F.3, as amended (the "Act"), and is intended to be binding and enforceable in accordance with Part IV of the Act.
1.2 This Agreement shall be governed by and construed in accordance with the laws of the Province of ________ and the federal laws of Canada applicable therein.
1.3 The Parties acknowledge that the provisions of this Agreement respecting any child are subject to the overriding jurisdiction of the court and to the best interests of the child, and that the provisions respecting child support are subject to the Federal Child Support Guidelines, SOR/97-175, as amended (the "Guidelines"). The Parties further acknowledge that a court may, in the circumstances permitted by law, set aside or vary any provision of this Agreement.
§ 2. SEPARATION
2.1 The Parties have lived separate and apart since ________ and shall continue to do so for the rest of their lives.
2.2 Each Party shall be free from interference, harassment, authority and control, direct or indirect, by the other as fully as if each were unmarried. Neither Party shall molest, annoy, disturb or interfere with the other.
§ 3. CHILD OR CHILDREN OF THE MARRIAGE
3.1 The Parties are the parents of the following child or children:
________, born on ________.
3.2 The Parties agree that all matters concerning their child or children shall be determined in accordance with the best interests of the child or children.
§ 4. MATRIMONIAL HOME
4.1 The matrimonial home of the Parties is municipally known as:
________
4.2 The matrimonial home shall be transferred to and vested in ________ for their exclusive possession and sole ownership. The other Party releases and shall be deemed to have released all right, title and interest, whether legal, equitable or possessory (including any right to designate the home as a matrimonial home under the Act), that they may now have or hereafter acquire in the matrimonial home, and shall execute all documents reasonably required to effect the transfer.
4.3 The matrimonial home is subject to a mortgage or charge on title in the principal amount of $________ (________). The Party to whom the matrimonial home is transferred shall be solely responsible for the mortgage payments and shall indemnify and save the other Party harmless from all obligations, claims, demands and expenses arising out of or relating to the matrimonial home and such mortgage.
4.4 ________ shall be responsible for the carrying costs of the matrimonial home, including realty taxes, insurance and utilities.
§ 5. OTHER REAL PROPERTY
5.1 The Parties own the following additional real property:
________
5.2 All right, title and interest in and to the above real property, together with exclusive possession thereof, shall belong solely to ________, and the other Party releases all interest they may have therein pursuant to the Act or otherwise.
5.3 The above property is subject to a mortgage or charge on title in the principal amount of $________ (________). The Party to whom the property is allocated shall be solely responsible for the mortgage payments and shall indemnify and save the other Party harmless in respect thereof.
§ 6. ADDITIONAL ASSETS
6.1 Motor Vehicle
6.1.1 The Parties own the following motor vehicle:
________
6.1.2 All interest in and sole possession of this vehicle shall belong to ________, and the other Party releases all interest they may have therein pursuant to the Act or otherwise.
6.2 Off-Road Vehicle
6.2.1 The Parties own the following off-road vehicle:
________
6.2.2 All interest in and sole possession of this off-road vehicle shall belong to ________, and the other Party releases all interest they may have therein pursuant to the Act or otherwise.
§ 7. PERSONAL CHATTELS AND FURNISHINGS
7.1 Subject to § 8 (Gifted and Inherited Property), all furniture, household effects and other chattels shall be divided between the Parties according to their personal preferences. Any items not so distributed or agreed upon shall be sold and the net proceeds divided equally between the Parties.
§ 8. GIFTED AND INHERITED PROPERTY
8.1 Any property received by either Party by way of gift or inheritance from a third party, including income from such property where expressly excluded, shall be traced and kept apart from the Parties' net family property and shall belong solely to the Party receiving it, consistent with section 4 of the Act. Nothing in this Agreement prevents either Party from making voluntary gifts or testamentary dispositions to the other.
§ 9. EQUALIZATION AND PROPERTY RELEASE
9.2 Once all property has been divided pursuant to this Agreement, neither Party will have any right to the other's property or to compensation by reason of any direct or indirect contribution, whether by reason of:
(i) the assumption of responsibility for child care, household management or financial provision;
(ii) circumstances relating to the acquisition, preservation, maintenance or improvement of any of the other Party's property;
(iii) the Parties having disproportionate assets or liabilities; or
(iv) the use of the other's property, except a residence used and occupied as a family residence, in which case such interest will be limited to the possessory rights given by the Act.
§ 10. SPOUSAL SUPPORT
10.1 ________ shall pay to the other Party spousal support in the amount of $________ (________) per month for a period of ________, after which payments shall cease. Payments shall commence on the first day of the month following execution of this Agreement and continue on the first day of each month thereafter.
10.2 The Parties have considered the Spousal Support Advisory Guidelines and the objectives and factors set out in the Divorce Act and the Act, and are satisfied that the support provided herein is fair and adequate in their circumstances.
10.3 Spousal support shall terminate upon the earliest of the following:
(i) the marriage or re-marriage of the recipient Party;
(ii) the cohabitation of the recipient Party in a conjugal relationship for a continuous period exceeding two (2) years;
(iii) a material involuntary loss of employment by the paying Party;
(iv) a disability that materially compromises the paying Party's ability to earn income; or
(v) the death of either Party.
§ 11. CHILD SUPPORT
11.1 ________ (the "Paying Party") shall pay to the other Party (the "Receiving Party") child support in the amount of $________ per month, determined in accordance with the Guidelines, commencing on the first day of the month following the execution of this Agreement and payable on the first day of each month thereafter.
11.2 In addition to the table amount, the Parties shall share, in proportion to their respective incomes, the special or extraordinary expenses set out in section 7 of the Guidelines.
11.3 Child support shall continue until the child ceases to be a child of the marriage. Where a child is over the age of majority, support shall continue having regard to:
(i) the child's income-earning capacity;
(ii) any illness or disability;
(iii) any scholarships, loans and bursaries if enrolled at a post-secondary institution; and
(iv) the child's overall dependency.
11.4 For the purpose of determining child support consistent with the Guidelines, the Parties shall exchange, on or before June 1 of each year, their income tax returns and notices of assessment and reassessment, and shall promptly notify each other of any material change in income.
§ 12. DECISION-MAKING RESPONSIBILITY
12.1 The Parties agree that ________ shall have decision-making responsibility for all major decisions affecting the child or children, including those respecting health, education, religion and significant extra-curricular activities.
12.2 The Parties shall keep each other informed of material developments concerning the child or children and shall co-operate to promote the financial, emotional and psychological welfare of the child or children.
§ 13. PARENTING TIME
13.1 The Parties agree that ________ shall have the majority of parenting time with the child or children. The other Party shall have reasonable parenting time with the child or children upon reasonable notice, as agreed between the Parties or as determined by court order.
13.2 All parenting arrangements shall be exercised in accordance with the best interests of the child or children.
§ 14. FINANCIAL DISCLOSURE
14.1 Each Party has made full and frank disclosure to the other of all significant assets and liabilities and of all property registered in their name or of which they are the beneficial owner, using fair market value as at the date of separation. Each Party has had a reasonable opportunity to investigate the financial circumstances of the other and is satisfied with the disclosure made.
14.2 The Parties acknowledge and understand the issue of equalization of net family property and confirm that they are entering into this Agreement having waived no rights other than as expressly set out herein, in full knowledge of their respective financial circumstances.
§ 15. POST-SECONDARY EDUCATION COSTS
15.1 The Parties confirm their intention that any child be encouraged to attend a post-secondary institution. ________ shall be responsible, in proportion as set out in § 11, for the following educational costs so long as the child is in continued and regular attendance at a university, college or vocational institution in a programme acceptable to the Parties and maintains a passing standing:
(i) tuition;
(ii) the cost of required textbooks; and
(iii) on-campus residence expenses, if any, during the academic terms.
§ 16. CANADA PENSION PLAN CREDITS
16.1 Subject to the eligibility requirements under the Canada Pension Plan, R.S.C. 1985, c. C-8, as amended, the Parties agree that either may apply for a division of unadjusted pensionable earnings (a credit split) in respect of the period of their cohabitation. The Parties acknowledge that an agreement to waive a credit split is not binding upon the Minister except as permitted by applicable legislation.
§ 17. PENSIONS
17.1 Each Party shall retain their own pension and pension benefits and no division thereof shall be made. To the extent permitted by the Pension Benefits Act, R.S.O. 1990, c. P.8, as amended, and the Act, each Party releases and waives any right or claim they may have against the other in respect of the division of any pension plan or pension benefits. If required, the value of any pension accrued during the marriage shall be determined by an imputed value calculation provided by the pension administrator.
§ 18. DEBTS AND OBLIGATIONS
18.1 Except as otherwise provided in this Agreement, each Party shall be responsible for the debts registered in their own name. The Parties agree to divide their remaining marital debts as follows:
________
18.2 Neither Party shall incur any further debt or liability on the credit of the other. Each Party shall indemnify and save the other harmless from any debt for which they have assumed responsibility under this Agreement.
§ 19. RELEASE OF ESTATE CLAIMS
§ 20. INDEPENDENT LEGAL ADVICE AND VOLUNTARINESS
20.1 Each Party acknowledges that they have had the opportunity to obtain independent legal advice with respect to the terms and effect of this Agreement and fully understand its nature and consequences. Each Party acknowledges that they are entering into this Agreement voluntarily, without undue influence, duress, fraud or coercion, and that they consider this Agreement to be fair and reasonable.
20.2 The First Spouse received independent legal advice from ________, and the Second Spouse received independent legal advice from ________, or each has expressly waived such advice having had the opportunity to obtain it.
§ 21. ENTIRE AGREEMENT AND AMENDMENT
21.1 This Agreement constitutes the entire agreement between the Parties and supersedes all prior understandings, representations, negotiations and agreements, whether written or oral, with respect to its subject matter. No amendment, modification or variation of this Agreement shall be valid unless made in writing and signed and witnessed by both Parties in accordance with section 55 of the Act.
§ 22. GENERAL PROVISIONS
22.1 Dispute Resolution. In the event of a dispute arising out of or relating to this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith and, failing resolution, shall submit the matter to family mediation before commencing any court proceeding, save where urgent relief is required.
22.2 Language. All communications and notices under this Agreement shall be in the English language.
22.3 Time of the Essence. Time shall be of the essence of this Agreement.
22.4 Severability. If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.
22.5 Headings. The headings in this Agreement are for convenience only and shall not affect its interpretation.
22.6 Reconciliation. If the Parties reconcile, this Agreement shall remain in full force and effect, except as to those provisions respecting the division and ownership of property already effected, unless revoked by a written instrument signed and witnessed by both Parties.
22.7 Further Assurances. Each Party shall execute and deliver all such further documents and do all such further acts as may reasonably be required to give full effect to this Agreement.
22.8 Enurement. This Agreement shall enure to the benefit of and be binding upon the Parties and their respective heirs, executors, estate trustees, administrators and assigns.
IN WITNESS WHEREOF the Parties have executed this Agreement, each in the presence of a witness, as of the date first written above.
SIGNED, SEALED AND DELIVERED in the presence of:
___________________________ ___________________________
Witness ________, First Spouse
Witness Name: ________
___________________________ ___________________________
Witness ________, Second Spouse
Witness Name: ________
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