Free Separation Agreement

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Type of Separation Agreement:
Valid until the couple get divorced, at which point a new Separation Agreement will be made
Valid even after divorce
Frequently Asked Questions

What is a separation agreement?A separation agreement is used to divide any property and debts that you and your spouse have incurred, as well as provide for custody, visitation, and support of any financially dependent children of the relationship.

Our separation agreement is ideal for separated couples looking to settle property and to create a custody arrangement prior to a divorce judgment.
How are "governing laws" determined?The “governing laws” refers laws of which province are to be used to interpret the Separation Agreement and to decide any disputes that may arise between the Parties. Normally, this is the place where both spouses reside or the place where they intend to apply for divorce.

If you are not sure as to laws of which province are the "governing laws" or need specific advice we recommend that you contact a local attorney.
The Family Law Act of British Columbia came into effect on March 18, 2013. It removed the concept of custody and access and replaced them with guardianship, parenting time, contact, parental responsibilities and parenting arrangements. Our document has been updated to conform with this legislation.Will my separation agreement be legally recognized?In most cases, courts will respect separation agreements, as long as such agreements are fair, reasonable, and properly executed.

Courts are likely to refuse to recognize separation agreements if:

  • The agreement is not in the best interest of your children;
  • A spouse has not fully disclosed certain assets or liabilities; or
  • The separation agreement is plainly unfair (e.g. one spouse waives his/her right to support without compensation)
Who should use this separation agreement?This separation agreement is intended for married spouses who can agree on the terms of their separation and accept such a settlement. If your circumstances involve property distribution schemes, significant assets, or complex issues related to children, it may be best to seek expert legal advice.
Your Separation AgreementUpdate Preview

SEPARATION AGREEMENT

THIS SEPARATION AGREEMENT (the "Agreement") dated this 23rd of July, 2014

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 July 23rd, 2014, 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 and may be incorporated into a final decree of divorce, unless specific matters are amended or addressed in a subsequent separation agreement.
  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:

  7. LIVING SEPARATE AND APART
  8. The Parties have lived separate and apart since July 23, 2014.  Neither Party will attend the other's living space or work without invitation or approval.
  9. CHILDREN
  10. There are no children of the marriage. Furthermore, the Wife is not now pregnant and the Parties have not adopted any children.
  11. SPOUSAL MAINTENANCE
  12. Neither Party claims entitlement to spousal maintenance at this time. Both Parties waive any claim to spousal maintenance during the separation, regardless of the length of the period of separation.
  13. ASSETS
  14. 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.
  15. DEBTS
  16. 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.
  17. 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.
  18. MATRIMONIAL PROPERTY RELEASE
  19. The Parties covenant and agree that they are aware of the provisions of the  of , and that it is their intention that the provisions of the  will not apply to the status, ownership, interest and division of their property, either jointly or separately owned, nor to their future property, whether real or personal, and owned by either one or both of them, and the Parties further covenant and agree that it is their desire and intent by the terms of this Agreement to contract out of the provisions of the  pursuant to Section of the said Act, and to make a full and final settlement of all matters of property, both real and personal, previously and presently owned by either of the Parties or to be acquired by either of the Parties in the future.
  20. ESTATE AND TESTAMENTARY DISPOSITION
  21. The Parties renounce all rights each might have in or to the administration of the other’s estate whether under any law of the Province of , or any Province or Territory of Canada, or any country in which any part of the estate of the other may be situated and further waive and release the other from any and all rights of every kind, nature, and description that each may acquire as a spouse or a surviving spouse in the property, assets, or estate of the other.
  22. PENSION RELEASE
  23. Except as otherwise provided in this Agreement, the Parties waive and relinquish any and all rights or claims, in law or in equity, to apply to split or in any way share or claim any interest whatsoever, now or at any future time, in the Canada Pension Plan, or any retirement pension plan, registered retirement savings plan or pension or savings plan of any type available through employment, or any benefits thereof, which the other Party presently has or may acquire in the future.
  24. GENERAL RELEASE
  25. Each Party releases all claims whatsoever and however arising, whether under the laws of the Province of  or any other jurisdiction, including and without limiting the generality of the foregoing, whether arising by statute or at common law and including actions founded on constructive trust, resulting trust or unjust enrichment, which such Party may now or hereafter have or acquire or be entitled to against the property of the other Party, however and whenever acquired, including and without limiting the generality of the foregoing, real property, personal property, any income from such property or assets of the other Party and any increase in the value of such property, or against the estate of the other Party, but if any such action should be brought the provisions of this Agreement may be pleaded as an answer to any claim asserted and will constitute a full and complete defense thereto.
  26. GENERAL PROVISIONS
  27. The Parties will promptly sign and give to the other all documents necessary to give effect to the terms of this Agreement.
  28. 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.
  29. 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.
  30. The Parties may only amend this Agreement in writing after both Parties have obtained legal advice on the changes.
  31. 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.
  32. 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.
  33. 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.
  34. 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.
  35. The headings of this Agreement form no part of it, and will be deemed to have been inserted for convenience only.
  36. This Agreement will be binding upon and will enure to the benefit of the Parties, their respective heirs, executors, administrators, and assigns.
  37. If the Parties reconcile, the terms of this Agreement will remain in effect unless the Parties revoke it in writing.
  38. This Agreement may only be terminated or amended by the Parties in writing signed by both of them.
  39. 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.

WITNESS OUR HANDS, this 23rd day of July, 2014

 


_____________________________

__________ __________

   
 

Date: ________________________

   
 

_____________________________
__________ __________

   
 

Date: ________________________


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___.


________________________
__________ __________

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