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Old 09-19-2010, 01:54 PM
nick2009 nick2009 is offline
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by the way i would like to post a version of separation agreement from other website for poeple to reference


SEPARATION AGREEMENT

THIS SEPARATION AGREEMENT dated this of August, 2010

BETWEEN:

name
of toronto,
in the Province of Ontario

("Husband")

-and-

name
of toronto,
in the Province of Ontario

("Wife")


BACKGROUND:

The Husband and Wife were lawfully married on ---, 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.
The Husband and Wife have made complete, fair and accurate disclosure to each other on all financial matters reflected in this Agreement.
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.
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.
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:
LIVING SEPARATE AND APART

The Husband and Wife have lived separate and apart since January 1, 2003. Neither party will attend the other's home or work without invitation or approval.
CHILDREN

There is 1 child of the marriage, namely:
Name:
Date of Birth:

name
date


CHILD CUSTODY

The Husband and Wife agree that sole legal custody is in the best interests of the child. The Husband and Wife agree that the Wife is granted sole legal custody, and has the primary right to decide matters regarding matters of health, education and welfare in the child's best interests. The parent who has not been granted sole legal custody may make emergency decisions affecting the health or safety of the child when the child is in that party's physical care and control. The Husband and Wife agree that the grant of sole legal custody to one party does not deprive the other party of access to information regarding the children.
The Husband and Wife agree that the husband shall have the following visitation schedule with the child:

Regular Visitation Schedule: Husband will have visits on every Wednesday from 5:00 pm to 9:00 pm and every second weekend from Friday 7:00 pm to Sunday 7:00 pm. If that weekend is a long weekend, Husband will have the Thursday or Monday from 7:00 pm onward.

Pick up/Drop off Schedule: Wife will drop off the children at the beginning of each visit and Husband will return the children to their primary residence at the conclusion of each visit.

Holiday and School Vacation Visitation Schedule: Husband will have visits on Christmas Day, Easter and spring break on odd years and all other statutory holidays on even years. Summer vacation time will be split equally between Husband and Wife.


CHILD SUPPORT

The Husband will pay child support in the amount of $---.00 monthly to the Wife. Child support payments will commence on ---- and will be paid on the 28th day of each and every month.
The Husband will pay 50.00% of the child's uninsured health care costs, of child care costs, and of other extraordinary expenses for the child, including summer school, summer camp, Saturday school, and the Wife will pay 50.00% of such costs and expenses.
The Husband will maintain health insurances, including medical and dental coverage, for the benefit of name
Child support payments, contributions to uninsured health care costs, child care costs and extraordinary expenses, and the maintenance of health insurance will continue as long as a child is under the age of majority and financially dependent on the parents.
SPOUSAL MAINTENANCE

Neither party claims entitlement to spousal maintenance at this time although neither party is expressly waiving his or her right to spousal maintenance in the future.
ASSETS

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.
DEBTS

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.
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.
GENERAL PROVISIONS

The Husband and Wife will promptly sign and give to the other all documents necessary to give effect to the terms of this Agreement.
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.
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.
The Husband and Wife may only amend this Agreement in writing after both parties have obtained legal advice on the changes.
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.
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.
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.
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.
The headings of this Agreement form no part of it, and will be deemed to have been inserted for convenience only.
This Agreement will be binding upon and will enure to the benefit of the parties, their respective heirs, executors, administrators, and assigns.
If the Husband and Wife reconcile, the terms of this Agreement will remain in effect unless the parties revoke it in writing.
This Agreement may only be terminated or amended by the parties in writing signed by both of them.
The law of the Province of Ontario 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 _______________, ________.