Free Separation Agreement

SEPARATION AGREEMENT

THIS SEPARATION AGREEMENT dated this 18th of May, 2013

BETWEEN:

__________ __________ __________
of __________,
in the Province of

("Husband")

-and-

__________ __________ __________
of __________,
in the Province of

("Wife")

1. 
   BACKGROUND:
   
1. The Husband and Wife were lawfully married on May 18th, 2013, in __________, . Due to certain differences that have developed between the Husband and the Wife, they agree to live separate and apart from each other, subject to the terms and conditions in this Agreement.
   
2. The Husband and Wife have made complete, fair and accurate disclosure to each other on all financial matters reflected in this Agreement.
   
3. 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 Husband and Wife agree that a subsequent Separation Agreement will have to be made and duly incorporated into a final decree of divorce.
   
4. The Husband and Wife 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.
   
5. The Husband and Wife have each voluntarily entered into this Agreement and have not been forced by anyone to sign this Agreement, and both the Husband and the Wife 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 hereby acknowledged, the parties agree as follows:

6. LIVING SEPARATE AND APART
   
6. The Husband and Wife will, from the date of execution of this Agreement, live separate and apart from each other. Neither party will attend the other's living space or work without invitation or approval.
   
7. CHILDREN
   
7. There are no children of the marriage. Furthermore, the Wife is not now pregnant and the parties have not adopted any children.
   
8. SPOUSAL MAINTENANCE
   
8. 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.
   
9. ASSETS
   
9. 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 he or she is respectively entitled.  Accordingly, neither makes any claim to any assets in the possession of the other.
   
10. DEBTS
    
10. 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.
    
11. 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.
    
12. GENERAL PROVISIONS
    
12. The Husband and Wife will promptly sign and give to the other all documents necessary to give effect to the terms of this Agreement.
    
13. This Agreement contains the entire agreement between the Husband and Wife about their relationship with each other.  It replaces any earlier written or oral agreement between the parties.
    
14. 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.
    
15. The Husband and Wife may only amend this Agreement in writing after both parties have obtained legal advice on the changes.
    
16. 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.
    
17. 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.
    
18. 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.
    
19. 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.
    
20. The headings of this Agreement form no part of it, and will be deemed to have been inserted for convenience only.
    
21. This Agreement will be binding upon and will enure to the benefit of the parties, their respective heirs, executors, administrators, and assigns.
    
22. If the Husband and Wife reconcile, the terms of this Agreement will remain in effect unless the parties revoke it in writing.
    
23. This Agreement may only be terminated or amended by the parties in writing signed by both of them.
    
24. 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, ON THE DATES INDICATED.

ACKNOWLEDGMENT

       I, a Notary Public, within and for the Province aforesaid, do certify that on this day came before me, _________________________ and _________________________, personally known to me, whose names are signed to the foregoing agreement and so acknowledged their signatures on said agreement and that said _________________________ and _________________________ entered into said agreement on their own free wills and volition without force or duress by any party.

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

My Commission Expires:


___________________________
                (S E A L)