Free Separation Agreement

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Separation Agreement

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SEPARATION AGREEMENT

THIS SEPARATION AGREEMENT (the "Agreement") dated this ________ day of ________________, ________.

BETWEEN:

______________________
of ______________________

-and-

______________________
of ______________________


  1. BACKGROUND:
  2. ______________________ and ______________________ (collectively the "Parties" and individually a "Party") were lawfully married on November 26th, 2020, 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 a lawyer with regards to their legal rights arising out of the matrimonial 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 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.
  3. CHILDREN
  4. There are no children of the marriage.
  5. SPOUSAL MAINTENANCE
  6. ______________________ will pay spousal maintenance in the amount of $__________ monthly to ______________________ Spousal maintenance payments will commence on November 26, 2020 and will be paid on the 26th day of each and every month until such time as ______________________ remarries or cohabits with another person in an adult interdependent relationship or dies, whichever will come first.
  7. ASSETS
  8. The Parties acknowledge that they have agreed upon a division of all assets, owned or possessed by them as family 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.
  9. 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. FAMILY PROPERTY RELEASE
  13. The Parties covenant and agree that they are aware of the provisions of the Family Property Act of Alberta and that it is their intention that the provisions of the Family Property Act, Part I, 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 Part I of the Family Property Act pursuant to Sections 37 and 38 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.
  14. ESTATE AND TESTAMENTARY DISPOSITION
  15. 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 Alberta, or any Province/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.
  16. PENSION RELEASE
  17. 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.
  18. GENERAL RELEASE
  19. Each Party releases all claims whatsoever and however arising, whether under the laws of the Province of Alberta 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.
  20. GENERAL PROVISIONS
  21. The Parties will promptly sign and give to the other all documents necessary to give effect to the terms of this Agreement.
  22. 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.
  23. 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.
  24. The Parties may only amend this Agreement in writing signed by both of them after both Parties have obtained legal advice on the changes.
  25. 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.
  26. 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.
  27. The Parties agree to provide and execute such further documentation as may be reasonably required to give full force and effect to each term of this Agreement.
  28. The headings of this Agreement form no part of it, and will be deemed to have been inserted for convenience only.
  29. This Agreement will be binding upon and will enure to the benefit of the Parties, their respective heirs, executors, administrators, and assigns.
  30. If the Parties reconcile, the terms of this Agreement will remain in effect unless the Parties revoke it in writing signed by both of them.
  31. The laws of the Province of Alberta 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



CERTIFICATE OF INDEPENDENT LEGAL ADVICE

THE PROVINCE OF ALBERTA

I, _______________________________, of the City of ___________________________, in the Province of Alberta, 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 their legal rights and liabilities under the terms and conditions of it, and that I acted solely for them, and explained fully to them the nature and effect of this foregoing Separation Agreement and they did execute it in my presence, and did acknowledge and declare that they were executing it of their own volition and without any fear, threats, compulsion or influence from ______________________ or any other person.

DATED at the City of _________________, in the Province of Alberta 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 ALBERTA

I, _______________________________, of the City of _________________________, in the Province of Alberta, 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 their legal rights and liabilities under the terms and conditions of it, and that I acted solely for them, and explained fully to them the nature and effect of this foregoing Separation Agreement and they did execute it in my presence, and did acknowledge and declare that they were executing it of their own volition and without any fear, threats, compulsion or influence from ______________________ or any other person.

DATED at the City of __________________, in the Province of Alberta 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___.

 


________________________
______________________


FAMILY PROPERTY ACT ACKNOWLEDGMENT
(Section 38)

I, ______________________, of the City of _______________________, in the Province of Alberta, HEREBY ACKNOWLEDGE THAT:

  1. I am executing this document separate and apart from ______________________.
  2. I am aware of the nature and the effect of this Agreement.
  3. I am aware of the possible claims to property that I may have under the Family Property Act of the Province of Alberta, and that I intend to give up the claims I have under that Act to the extent necessary to give effect to this Agreement.
  4. I am executing this Agreement freely and voluntarily without any compulsion on the part of ______________________.


 

_______________________
______________________


CERTIFICATE OF ACKNOWLEDGMENT

I, ________________________________________, of the City of ____________________________ in the Province of Alberta, Barrister and Solicitor, DO HEREBY CERTIFY THAT:

  1. I am acting on behalf of ______________________.
  2. They are aware of the nature and the effect of this document.
  3. They acknowledged to me that they are aware of the possible claims to property that they may have under the Family Property Act and they intend to give up these claims to the extent necessary to give effect to this Agreement and that they are executing the Agreement freely and voluntarily without any compulsion on the part of ______________________.


 

______________________
Print Name:_____________
Barrister and Solicitor


FAMILY PROPERTY ACT ACKNOWLEDGMENT
(Section 38)

I, ______________________, of the City of _______________________, in the Province of Alberta, HEREBY ACKNOWLEDGE THAT:

  1. I am executing this document separate and apart from ______________________.
  2. I am aware of the nature and the effect of this Agreement.
  3. I am aware of the possible claims to property that I may have under the Family Property Act of the Province of Alberta, and that I intend to give up the claims I have under that Act to the extent necessary to give effect to this Agreement.
  4. I am executing this Agreement freely and voluntarily without any compulsion on the part of ______________________.


 

_______________________
______________________


CERTIFICATE OF ACKNOWLEDGMENT

I, ________________________________________, of the City of ____________________________ in the Province of Alberta, Barrister and Solicitor, DO HEREBY CERTIFY THAT:

  1. I am acting on behalf of ______________________.
  2. They are aware of the nature and the effect of this document.
  3. They acknowledged to me that they are aware of the possible claims to property that they may have under the Family Property Act and they intend to give up these claims to the extent necessary to give effect to this Agreement and that they are executing the Agreement freely and voluntarily without any compulsion on the part of ______________________.


 

_____________________
Print Name:____________
Barrister and Solicitor

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
  • Who will be responsible for which debts

What is the difference between a temporary and a 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.

What decisions should be considered 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
  • 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, which 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.

Frequently Asked Questions:

Separation Agreement FAQ
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