Free Separation Agreement

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SEPARATION AGREEMENT

THIS SEPARATION AGREEMENT (the "Agreement") dated this _____ of   ___________ ,  _____.

BETWEEN:

______________________
of __________, __________,
in the Province of ____________________, __________

("Husband")

-and-

______________________
of __________, __________,
in the Province of ____________________, __________

("Wife")


  1. BACKGROUND:
  2. The Husband and the Wife (collectively the "Parties" and individually a "Party") were lawfully married on May 1st, 2016, in __________, . Due to certain differences that have developed between the Parties, they agree to live separate and apart from each other, subject to the terms and conditions in this Agreement.
  3. The Parties have made complete, fair and accurate disclosure to each other on all financial matters reflected in this Agreement.
  4. The terms of this Agreement are intended to settle the matters addressed, but it will not be incorporated into a final decree of divorce. The Parties agree that a subsequent separation agreement will have to be made and duly incorporated into a final decree of divorce.
  5. The Parties have each consulted an attorney with regards to his or her legal rights arising out of the marital relationship and the terms of this Agreement.
  6. The Parties have each voluntarily entered into this Agreement and have not been forced by anyone to sign this Agreement, and both the Parties confirm that they are in sound mental health.


IN CONSIDERATION OF the mutual promises and covenants contained in this Agreement, and as well as the condition, means, needs and other circumstances of each spouse has been taken into consideration and other valuable consideration, the receipt and sufficiency of which consideration is acknowledged, the Parties agree as follows:

  1. LIVING SEPARATE AND APART
  2. The Parties have lived separate and apart since May 1, 2016.  Neither Party will attend the other's living space or work without invitation or approval.
  3. CHILDREN
  4. There is 1 child of the marriage, namely:

    Name:

    Date of Birth:

    __________

    May 1, 2016

  5. CHILD CUSTODY
  6. The Parties agree that sole legal custody is in the best interests of the child. The Parties agree that ______________________ is granted sole legal custody, and has the primary right to decide regarding matters of health, education and welfare in the child's best interests. ______________________ may make emergency decisions affecting the health or safety of the child when the child is in her physical care and control. The Parties agree that the grant of sole legal custody to one Party does not deprive the other Party of access to information regarding the children.
  7. The Parties agree that the child will primarily reside with ______________________.
  8. The Parties also agree that ______________________ will have the following access with the child:
    1. Regular visitation schedule:

      ___________________________________________________________.

    2. Vacation visitation schedule:

      ___________________________________________________________.

  9. CHILD SUPPORT
  10. ______________________ will pay child support in the amount of $0.00 (or the amount payable pursuant to Federal Support Guidelines of Canada) monthly to ______________________. Child support payments will commence on May 1, 2016 and will be paid on the 1st day of each and every month.
  11. The Parties will pay the cost of special and extraordinary expenses, such as ___________________________________________________________
    , in proportion to their respective incomes as long as the child is a "child of the marriage" within the meaning of the Divorce Act of 1985.
  12. The Parties agree that each will provide the other a copy of their income tax return and any notices of assessment and re-assessment issued, on an annual basis.
  13. ______________________ will maintain health insurances, including medical and dental coverage, for the benefit of __________.
  14. Child support payments, contributions to uninsured health care costs, child care costs, additional costs, and the maintenance of health insurance will continue as long as a child is considered a "child of the marriage" pursuant to the Divorce Act of 1985, or as long as a child is attending an educational institution, full-time, and is ____ years old or younger.
  15. SPOUSAL MAINTENANCE
  16. Neither Party claims entitlement to spousal maintenance. Both Parties expressly waive any claim to spousal maintenance now and in the future, regardless of any change in circumstances experienced by either Party.
  17. ASSETS
  18. The Parties acknowledge that they have agreed upon a division of all assets, owned or possessed by them as marital property or separate property. The Parties are in possession of all of those assets to which each is respectively entitled. Accordingly, neither makes any claim to any assets in the possession of the other.
  19. DEBTS
  20. The Parties agree that any indebtedness secured against, or attributable to, any item of property that either Party is receiving under this Agreement will be the sole responsibility of the Party receiving the particular property.
  21. Neither Party will incur any further debt or liability on the other Party's credit. Any debt accumulated as of the date of this Agreement is the debt of the individual Party, regardless if the debt was incurred as a result of joint credit.
  22. GENERAL PROVISIONS
  23. The Parties will promptly sign and give to the other all documents necessary to give effect to the terms of this Agreement.
  24. This Agreement contains the entire agreement between the Parties about their relationship with each other. It replaces any earlier written or oral agreement between the Parties.
  25. Should any portion of this Agreement be held by a court of law to be invalid, unenforceable, or void, such holding will not have the effect of invalidating or voiding the remainder of this Agreement, and the Parties agree that the portion so held to be invalid, unenforceable, or void, will be deemed amended, reduced in scope, or otherwise stricken only to the extent required for purposes of validity and enforcement in the jurisdiction of such holding.
  26. The Parties may only amend this Agreement in writing after both Parties have obtained legal advice on the changes.
  27. In the event that a dispute arises regarding this Agreement, the Parties will try to resolve the matter through negotiation or mediation, prior to initiating a court action.
  28. Notwithstanding that the Parties acknowledge and agree that their circumstances at the execution of this Agreement may change for any reason, including but without limiting the generality of the foregoing, the passage of years, it is nonetheless their intention to be bound strictly by the terms of this Agreement at all times.
  29. This Agreement creates a fiduciary relationship between the Parties in which each Party agrees to act with the utmost of good faith and fair dealing toward the other in all aspects of this Agreement.
  30. The Parties agree to provide and execute such further documentation as may be reasonably required to give full force and effect to each terms of this Agreement.
  31. The headings of this Agreement form no part of it, and will be deemed to have been inserted for convenience only.
  32. This Agreement will be binding upon and will enure to the benefit of the Parties, their respective heirs, executors, administrators, and assigns.
  33. If the Parties reconcile, the terms of this Agreement will remain in effect unless the Parties revoke it in writing.
  34. This Agreement may only be terminated or amended by the Parties in writing signed by both of them.
  35. The law of the Province of ____________________ will govern the interpretation of this Agreement, and the status, ownership, and division of property between the Parties wherever either or both of them may from time to time reside.

IN WITNESS WHEREOF the Parties have duly affixed their signatures on this _____ day of   ___________ ,  _____.


SIGNED by ______________________
In the presence of:

 
   


______________________________
WITNESS

 
 

______________________________
______________________

   

______________________________
WITNESS


SIGNED by ______________________
In the presence of:

 
   


______________________________
WITNESS

 
 

______________________________
______________________

   

______________________________
WITNESS


ACKNOWLEDGMENT

THE PROVINCE OF ____________________

I, Barrister and Solicitor, within and for said Province, do certify that on this day came before me, ______________________, personally known to me, whose name is signed to the foregoing Separation Agreement and so acknowledged his signatures on this Separation Agreement and that ______________________ entered into this Separation Agreement on his own free will and volition without force or duress by any Party.

Given my hand and seal this ___ day of ____________________, ________.





_____________________________
Barrister and Solicitor


ACKNOWLEDGMENT

THE PROVINCE OF ____________________

I, Barrister and Solicitor, within and for said Province, do certify that on this day came before me, ______________________, personally known to me, whose name is signed to the foregoing Separation Agreement and so acknowledged her signatures on this Separation Agreement and that ______________________ entered into this Separation Agreement on her own free will and volition without force or duress by any Party.

Given my hand and seal this ___ day of ____________________, ________.





_____________________________
Barrister and Solicitor




CERTIFICATE OF INDEPENDENT LEGAL ADVICE

THE PROVINCE OF ____________________

I, _______________________________, of the City of ___________________________, in  the Province of ____________________, Barrister and Solicitor, DO HEREBY CERTIFY:

THAT I was this day consulted in my professional capacity by ______________________, named in the within instrument, being a Separation Agreement, separate and apart from ______________________, as to his legal rights and liabilities under the terms and conditions of it, and that I acted solely for him, and explained fully to him the nature and effect of this foregoing Separation Agreement and he did execute it in my presence, and did acknowledge and declare that he was executing it of his own volition and without any fear, threats, compulsion or influence from ______________________ or any other person.

DATED at the City of _________________, in the Province of ____________________ this ___day of _________, 20___.


________________________
Print Name: ____________
Barrister and Solicitor


I, ______________________, the person named in the annexed Agreement, hereby acknowledges the foregoing this ____day of ______________20___.


________________________
______________________


CERTIFICATE OF INDEPENDENT LEGAL ADVICE

THE PROVINCE OF ____________________

I, _______________________________, of the City of _________________________, in the Province of ____________________, Barrister and Solicitor, DO HEREBY CERTIFY:

THAT I was this day consulted in my professional capacity by ______________________, named in the within instrument, being a Separation Agreement, separate and apart from ______________________, as to her legal rights and liabilities under the terms and conditions of it, and that I acted solely for her, and explained fully to her the nature and effect of this foregoing Separation Agreement and she did execute it in my presence, and did acknowledge and declare that she was executing it of her own volition and without any fear, threats, compulsion or influence from ______________________ or any other person.

DATED at the City of __________________, in the Province of ____________________ this ___day of _________, 20___.


________________________
Print Name: ____________
Barrister and Solicitor

I, ______________________, the person named in the annexed Agreement, hereby acknowledges the foregoing this ______day of ______________20___.


________________________
______________________

Separation Agreement

A Separation Agreement, also known as a Marital Separation Agreement, is a document that allows you and your husband or wife to specify terms for living apart, as well as things like:

  • Child maintenance, child health insurance, custody, and visitation rights;
  • Spousal maintenance;
  • Division of shared assets, particularly the marital home;
  • Items that each spouse is entitled to; and
  • Who will be responsible for which debts.

Temporary Separation Agreement vs. Permanent Separation Agreement

A temporary Separation Agreement is one that is valid until the couple gets divorced, at which time a new Separation Agreement will be made. A permanent Separation Agreement is still valid after divorce.

Why Should I Create a Separation Agreement?

A Separation Agreement gives you and your spouse control over who receives what when you decide to part ways. It allows you to document your decisions in writing, which the court will likely incorporate in the divorce judgment.

Decisions to Make in a Separation Agreement:

You and your spouse will need to make several decisions upon separation, including:

Children:

If you have financially-dependent children, you will need to determine who will have decision-making authority for your children. This can be one of you, or both of you.

As well, you will need to determine where the children will reside if you will be living in separate homes. In the event only one parent retains custody, you may wish to specify visitation for the non-custodial parent, if any.

Additionally, you will need to devise a financial support plan for your children. This plan can involve specifying which parent will provide child support and pay health care costs, along with preparing a monthly schedule describing when the payments are due and when the payments end.

Spousal Support:

Spousal support is when one spouse provides financial support to the other who is in need of temporary monetary help. Several factors can contribute to the amount and the frequency of spousal support, including the length of marriage, financial standing of each spouse, standard of living prior to separation, age and health of each spouse, and past contributions from one spouse to the other.

Shared and Separate Assets:

Your marital home is the residence you shared while married. In your Separation Agreement, you will need to determine who retains ownership over this property.

By default, both spouses are entitled to equal possession and ownership rights in the marital property, unless you have otherwise agreed to a different arrangement in writing.

You may start by listing and appraising all your assets, and then deciding how to divide those assets.

Debts:

During the course of your marriage, you may have accumulated several debts, including shared debts. These debts can include a mortgage on the marital home, car loans, etc. Both spouses are responsible for shared debts, but you should list who is expected to pay off what debts in your Separation Agreement.

What Does Living Separately and Apart Mean?

Living separately and apart does not necessarily mean living at separate addresses. Generally, living apart means you and your spouse no longer act as if you are married. This could be categorized by a variety of factors:

  • Lack of communication;
  • Separate meals;
  • Not participating in the same activities;
  • No sexual relations;
  • Segregating assets and finances; and
  • Dividing household responsibilities.

Documents Related to a Separation Agreement:

  • Prenuptial Agreement: A document that is used before marriage to specify the current assets and debts of each party, as well as specify how property will be divided in the event of a marital breakdown.
  • Cohabitation Agreement: A document used by two people living together in a "marriage-like" relationship but who are not legally married. It lists the current assets and debts of each party, and how these assets and debts will be divided in the event of a relationship breakdown.
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