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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 02-01-2014, 10:32 AM
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Default Separation Agreement help please...

Hello all,

With the help of all of the sample agreements posted here, I was able to put together something which seems simple enough to me and looks like it makes sense... can you guys please provide me with some feedback as to what you think is missing... I have not yet given this to a lawyer yet for review...

I dont care about anything in the house which is why I was pretty vague about it... she can have all of the contents.
She also provided me with financial disclosure form 13.1 by way of her lawyer last week, it hasn't actually been filed in court.. does this have to be responded to... I really have no issue with it, its just time consuming and unnecessary as i already told her I'm already 55K in debt (majority accumulated during the marriage) and I would take care of it... she also already knows my income...

Thanks a lot!!!


**Making multiple posts in this thread... file too large to upload and too many characters for one post **
__________________________________________________ ________

THIS AGREEMENT made the 1st day of February, 2014

BETWEEN: John Doe referred to in this Agreement as “The Applicant” of the municipality of Whitby in the province of Ontario

AND:

Jane Doe referred to in this Agreement as “The Respondent” of the municipality of Whitby in the province of Ontario


Background

1. The parties were married to each other on the 30th day of August, 2008 in the city of xxxxxxxxxxxxx.

2. The parties agree to live separate and apart and have lived separate and apart since the 28th day of September 2013.

3. The parties intend to continue to live separate and apart according to the terms and conditions described in this agreement. Each shall be free from interference, authority and control by the other as if each were unmarried. In addition, the parties intend the terms of this agreement to be:
a. A final settlement of their respective rights to property.
b. The assets and liabilities of the “The Applicant” and “The Respondent” are accurately and completely described in this agreement.
c. Final settlement of custody, access, guardianship and support.
d. The parties understand that custody and child support issues in all provinces are governed by the Federal Child Support Guidelines.

4. “The Applicant” and “The Respondent” have one (1) child of the marriage as follows:

Name of child Date of birth Sex
Baby Baby Baby September 24th, 2010






5. This agreement and everything contained in it shall continue to govern the relationship between “The Applicant” and “The Respondent”. This agreement survives divorce.

6. The laws of the Province of Ontario shall govern this agreement.

7. “The Applicant” agrees that he/she has paid, or will pay when due all his income tax owing and that will pay any and all outstanding taxes.
8. “The Respondent” agrees that he/ she has paid or will pay when due all her income tax owing and will pay any and all outstanding taxes.

9. Once signed and witnessed, this agreement may be amended or varied by a court order, or by written agreement between the parties. When executed this agreement is a domestic contract, without need to file in a court unless requested as evidence.


Custody and Access

10. The following child of the marriage resides with “The Applicant” 47% of the time.

Family Name Given Name Age Date of birth
Baby Baby Baby 3 September 24th, 2010







11. The Following child of the marriage resides with “The Respondent” 53% of the time.

Family Name Given Name Age Date of birth
Baby Baby Baby 3 September 24th, 2010







12. The Applicant shall have access as described below.

a. The parties agree that the below Holiday/Vacation schedule shall supersede and take precedence over the normal custody/access already laid out.
b. Christmas Eve/Day Hereby defined as December 23rd at 8:30am until December 26th at 9:30pm. THE APPLICANT to have the children on even numbered years, THE RESPONDENT to have the children on odd numbered years.
c. New Year’s Eve/Day Hereby defined as December 30th at 8:30am until Jan 2nd at 9:30pm. THE APPLICANT to have the children on odd numbered years, THE RESPONDENT to have the children on even numbered years.
d. Easter Break hereby defined as Easter Friday at 8:30am until Easter Monday at 9:30pm. THE APPLICANT to have the children on odd numbered years, THE RESPONDENT to have the children on even numbered years.
e. Summer Vacation
Each agrees the other is permitted to choose two (2) one week (Sun to Saturday) non-consecutive weeks for Summer Vacation access.
THE APPLICANT to choose their weeks first on even numbered years, THE RESPONDENT to choose their weeks first on odd numbered years.
f. Birthdays
Both parties agree it is in the children's best interests to be able to have a special "birthday" time with each parent. Each agrees to allow the other party to take each of the children for one afternoon OR evening during the week of their birthday for a birthday lunch/supper/outing/etc. regardless of whose care the child is in at the time, and will accommodate without prejudice any such request to allow for days off of work, coordinating of immediate and extended family visits for this purpose, etc. regardless of the day the request falls on. Each agrees to provide the other with one week’s written notice should they wish to exercise this option.

13. Unless a court orders otherwise, the Applicant has the right to make inquiries, and to be given information as to the health, education and welfare of the child.

14. Unless a court orders otherwise, the party with whom the child of the marriage and who intends to change the place of residence of that child to notify, at least thirty days before the change, any person who is granted access to that child of the change, the time at which the change will be made, and the new place of residence of the child.

15. We understand that upon separation both parties shall have legal rights to the child of the marriage and shall have legal responsibility to provide support according to the Federal Child Support Guidelines, and we further agree that a child of the marriage should have as much contact with each parent as is consistent with the best interests of the child.

16. Each party shall provide the other party with a complete copy of his or her income tax return and any notices of assessment and reassessment issued to him or her by the Canada Customs and Revenue Agency on an annual basis on or before June 30th of each year, as long as there is a child of the marriage as defined by the Divorce Act (Canada). In the event that a party has not filed an income tax return for the previous year, he or she shall provide the other party with copies of his or her T4, T4A and all other relevant tax slips and statements disclosing any and all sources of income, including self-employment income.

17. We further agree to the following additional terms.

In addition to the Holiday / Vacation schedule above, the following will also apply;
a. THE APPLICANT will have full access to the child every second weekend - Friday, after school or daycare to Sunday 9:30pm (In cases where there is no school / Daycare on the Friday or the Friday is on a holiday, the child will be made available as at 8:30am).
b. THE APPLICANT will also have access to the child one day midweek to allow the child to participate in extracurricular activities
c. THE APPLICANT will have access to the child for six weeks (Sun to Saturday) non-consecutive weeks


Child Support

18. The Applicant shall pay to The Respondent the table sum of child support for the following children.

Family Name Given Name Age Date of birth
Baby Baby Baby 3 September 24th, 2010





19. Child support shall be In accordance with the Child Support Guidelines and such payments shall commence the 1st day of June 2014 and continue on each month until the child of the marriage is no longer a child of the marriage as defined by the Divorce Act.

20. We understand custody arrangements and incomes change, and we agree when circumstances change to adjust the monthly sum according to the Child Support Guidelines

21. Or, we agree to make our own child support arrangements as described below.
a. The parties agree that child support shall be dispersed using the Federal child support table guidelines and the offset method with a July to June payment schedule. The payment amounts will be based off Line 150 of the parties respective Notice of Assessments.
b. The parties agree that child support will terminate when the following conditions apply:
When Baby reaches the age of majority on 12:01am on 10202028.
OR
When Baby is no longer living in the household of Jane Doe
c. A July to June schedule will match with the federal CCTB/UCCB payment schedule, so any changes to CCTB/UCCB payments will reflect any changes in the individual households properly.
d. In order to facilitate prompt and efficient payments of child support as well as section 7 calculations, both parties agree to provide the other, copies of their notice of assessments no later than June 30 of each year.

22. We agree to this sum and understand that if a court or agency becomes involved we then would have a duty to comply with the table sum according to the Child Support Guidelines.
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Old 02-01-2014, 10:34 AM
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Spousal Support

23. The parties agree that neither party shall pay spousal support to the other, under the terms below;
a. As a result of the terms of this Agreement, John Doe and Jane Doe are financially independent of each other and release his or her rights to spousal support from the other, now and forever.
b. John Doe and Jane Doe intend this Agreement to be forever final and non-variable.
c. For greater certainty, the parties acknowledge that:
i. They have negotiated this Agreement in an unimpeachable fashion and that the terms of this Agreement fully represent their intentions and expectations;
ii. They have had independent legal advice and all the disclosure they have requested and require to understand the nature and consequences of this Agreement, and to come to the conclusion, as they do, that the terms of this Agreement, including the release of all spousal support rights, reflects an equitable sharing of the economic consequences of their relationship and its breakdown;
iii. The terms of this Agreement substantially comply with the overall objectives of the Divorce Act now and in the future;
iv. They require the courts to respect their autonomy to achieve certainty and finality in their lives;
v. The terms of this Agreement and, in particular, this release of spousal support, reflect his and her own particular objectives and concerns, and are intended to be a final and certain settling of all spousal support issues between them. Among other considerations, they are also relying on this spousal release, in particular, upon which to base their future lives.
d. John Doe and Jane Doe specifically wish to be able to pursue their separate and independent lives, no matter what changes may occur. John Doe and Jane Doe specifically anticipate that one or both of them may lose their jobs, become ill and be unable to work, have additional child care responsibilities that will interfere with their ability to work, find their financial resources diminished or exhausted whether through their own fault or not, or be affected by general economic and family conditions changing over time. Changes in their circumstances may be catastrophic, unanticipated or beyond their imagination. Nevertheless, no change, no matter how extreme or consequential for either or both of them, will alter this agreement and their view that the terms of this Agreement reflect their intention to always be separate financially. John Doe and Jane Doe fully accept that no change whatsoever in either or both of their circumstances will entitle either of them to spousal support from the other, now and forever.


Debts and Obligations

24. “The Applicant” and “The Respondent” acknowledge and agree that each party shall be responsible for all debts incurred in her or his respective names from the date of separation and neither shall incur any debt or liability on the credit of the other, and each shall pay her and his own debts and will at all times keep indemnified the other from all debts and liabilities contracted by her or him.

25. The parties further agree that The Respondent will maintain in force a plan of health insurance for extended health care benefits including dental coverage and other coverage for so long as the plan remains available through employment they shall name the children as their sole beneficiary of their individual group life insurance through their employment for so long as the child qualifies for such coverage and for so long as the child remains a dependent within the definition of the Family Law Act.

26. The parties further agree that Each Parent shall maintain in force a life insurance policy with a face value of $75,000 and shall name Baby Baby as the sole irrevocable beneficiary.

27. The Parties shall provide proof that the policies and the beneficiary designation remain in full force and effect on an annual basis. If any Party defaults in payments of the life insurance premiums and the policy is no longer in good standing, the other Party may pay any premiums and may recover them from the other, together with all costs and expenses, including his or her solicitor and client costs.


Trial Period of Reconciliation

28. If at any future time “The Applicant” and “The Respondent”, with mutual consent, cohabit as wife and husband for a single period of less than 90 days with reconciliation as the primary purpose of the cohabitation, the terms of this agreement will take effect except as provided in this paragraph.

29. If “The Applicant” and “The Respondent” with their mutual consent cohabit as wife and husband for a period of more than 90 days with reconciliation as the primary purpose of the cohabitation, the terms of this agreement will become void, except that nothing in this paragraph will affect any payment or transfer done according to the terms of this agreement.


Assets

30. “The Applicant” and “The Respondent” shall hereafter own and possess the following assets:

Description Value Assignment
Household Furniture $2000 The Respondent
TV’s $1000 The Respondent
All small appliances and kitchen utensils and equipment $500 The Respondent




Liabilities

31. “The Applicant” accepts sole and exclusive liability for the following debts, and indemnifies and saves harmless “The Respondent” of and from any and all liability.
a. All credit cards, credit lines, loans, credit instruments, debt under the name of the applicant.

32. “The Respondent” accepts sole and exclusive liability for the following debts, and indemnifies and saves harmless “The Applicant” of and from any and all liability.
a. All credit cards, credit lines, loans, credit instruments, debt under the name of the respondent.

33. Neither party shall pledge the credit of the other or bind the other for debt.


Matrimonial Home

34. The husband and the wife hold in joint tenancy the matrimonial home located at: xxxxx, Xxxxx Ontario XXXXX

35. The matrimonial home shall be listed for sale and sold as soon thereafter (within 14 days after the signing of this agreement) as is reasonable.

36. Upon the sale the proceeds obtained shall be distributed as follows:
a. To discharge any mortgage.
b. To selling costs and fees.
c. To taxes and utilities and other adjustments.
d. And the balance to be divided equally between the parties.


Acceptance

37. The parties further acknowledge and agree that:
38. Each party has had the opportunity of obtaining independent legal counsel.
39. The facts contained herein are true and accurate.
40. They each have general knowledge of the other's affairs, assets and liabilities.
41. They each have acted in good faith and have made full disclosure of their financial circumstances to the other.
42. They have each read and understood this agreement; they each sign this agreement as free agents, without any pressure, influence, or intimidation by anyone


IN WITNESS WHEREOF the Parties sign on this _______ day of ___________, 20 ___,
at (city) __________________________, in the Province of ______________________.


SIGNED BY “THE APPLICANT”, in the presence of

______________________________ _____________________________
(Signature of Witness) Signature of “THE APPLICANT”

______________________________
(Print Name)

______________________________
(Address)

______________________________
(Occupation)


SIGNED BY “THE RESPONDENT”, in the presence of

______________________________ _____________________________
(Signature of Witness) Signature of “THE RESPONDENT”

______________________________
(Print Name)

______________________________
(Address)

______________________________
(Occupation)
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Old 02-01-2014, 11:51 AM
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Quote:
The terms of this Agreement substantially comply with the overall objectives of the Divorce Act now and in the future;
I would remove this, you can't know the future, and your point should be that this agreement, not anything else, shall govern you.
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Old 02-01-2014, 01:21 PM
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It may be a good idea to include a mobility clause in the agreement?
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Old 02-02-2014, 01:56 AM
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Child custody

I would think you would want to define your custody such as
Shared custody and shared parenting.

Why do you have such an odd 53/47 split. Why not 50/50 shared custody?
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Old 02-02-2014, 02:00 AM
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I was a bit confused because at first it appears there is one child born 2010. Then in the next part you talk about children.
How many children?
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Old 02-02-2014, 03:33 AM
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Quote:
Originally Posted by Beachnana View Post
Child custody

I would think you would want to define your custody such as
Shared custody and shared parenting.

Why do you have such an odd 53/47 split. Why not 50/50 shared custody?
The way I got the days to work in which I think she would agree to made it a 53/47 split... but I think you are right, I didnt include the short holidays
Every other weekend + 1 day midweek + 6 weeks = 172 Days (I forgot to include easter and christmas days

So... Remove lines 10 and 11 and replace with;
The following children of the marriage reside with both parents 50% of the time.

Also add this under custody and access;
JOINT LEGAL CUSTODY
The child of the marriage will be in the joint custody of the parties, and will ordinarily reside with the wife, subject to the following:
(1) The husband will have every reasonable and liberal opportunity to visit the child and to have the child visit him including the right to have the child to stay overnight with him or to take the child away with him from time to time as may be agreed; and
(2) The husband will have full participation in all major considerations regarding the child.


Quote:
Originally Posted by Fedupwithcrap View Post
It may be a good idea to include a mobility clause in the agreement?
Thats a great idea... so under custody and access add the following;
Removal from Jurisdiction:
Neither parent will move the permanent residence of the child(ren) from Southern Ontario or remove (him/her/them) from this area for a period in excess of fourteen days without the prior consent of the other parent in writing or approval by the court after prior notification to the other parent of such court hearing.

Quote:
Originally Posted by billm View Post
I would remove this, you can't know the future, and your point should be that this agreement, not anything else, shall govern you.
Thanks Bill... you're right, will remove this.

Quote:
Originally Posted by Beachnana View Post
I was a bit confused because at first it appears there is one child born 2010. Then in the next part you talk about children.
How many children?
There is only 1 child... thanks for catching that, will update the children reference.
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Old 02-02-2014, 03:44 AM
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Also after reviewing the Separation Agreement template sticky from the main forum... I am thinking about adding the following;

Add a pension section

CANADA PENSION PLAN CREDITS
The husband and wife acknowledge that each has been made aware by their respective solicitors of the amendments to the Canada Pension Plan Act whereby pension credits earned by one or both spouses during their years of marriage may be divided equally upon marriage dissolution. Both the husband and the wife agree that upon marriage dissolution, neither will make an application to any Canada Pension Plan district or local office for a credit sharing of Canada Pension Plan benefits resulting in the division of pension credits between them. Both spouses further agree that this provision will be deemed to be a bar to such application and may be filed with and be binding upon any officer of the Canada Pension Plan who receives such application by either spouse in contravention of this provision.

OTHER PENSIONS
Except as otherwise provided in this agreement, neither the husband nor the wife will make a claim to share in any pension of the other, including but not limited to any company pension plans, deferred profit sharing plans, registered retirement savings plans and registered home ownership savings plans.




Under Acceptance add;
General
The husband and wife and each of them accept the terms of this agreement in full and final satisfaction and discharge of all claims and demands of every nature and kind whatsoever which one of them has or hereafter can, will or may have against the other of them, excepting always any claim arising under this agreement and, in particular, without limiting the generality of the foregoing, each does hereby remise, release and forever discharge the other, his heirs, executors, administrators and assigns of and from all and any claims and demands for support or interim support or any other claim of any nature and kind arising out of the marriage of the husband and the wife, and neither party will at any time hereafter commence or prosecute any action or other proceedings for the recovering of support or interim support from the other, provided always that nothing contained in this agreement will constitute a bar to any action or proceeding by either the husband or the wife against the other of them to enforce any of the terms of this agreement or for the dissolution of the marriage. This agreement may be pleaded as a defence to any claim by one party against the other. Further, the parties expressly release each other from any and all claims and rights that might exist under Parts I and II of the Family Law Act, and of any other rights that might exist under that Act. Notwithstanding Part I of the Family Law Act, each party acknowledges that neither holds any property, whether real or personal, in trust for the other whether by way of resulting or any other type of trust.
The parties further acknowledge and agree that the support and property provisions of this agreement are inextricably intertwined and constitute a full and final financial settlement.


DIVORCE
Immediately upon execution of this agreement, the husband/wife will commence proceedings for divorce, based on the ground of marriage breakdown by reason of the parties' separation for a period exceeding one year. The will proceed expeditiously to obtain the divorce. The husband/wife will co-operate in the divorce proceeding. The husband/wife will be solely responsible for the costs of obtaining the divorce on an undefended
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Old 02-05-2014, 12:11 AM
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1- you are entitled to offset support, & proportionate share of section 7 expenses. as the child will get older these expenses will grow, you will also likely have a new family and it will be difficult to keep paying her full CS and maintaining the child at your place without any support from ex. you should IMHO go for offset support instead of paying full table. specially if you have had the same custody/access arrangement as described above for the past 6 months then you already have status quo and it will be hard for her to change that.

2- it seems like you are taking a huge bullet and letting her off the hook on the debt. you should add that this responsibility of this debt takes into account any and all RRSPs in your account and that she will have no further interest in your RRSPs ( as mentioned on the forums the ex's can come after RRSPs even if divorce is finalized and assets have been split etc.)
EDIT: sorry didnt see the "other pensions" section, but i think its still advisable to name the RRSPs.

3- you have not added any exchange location/ arrangements, i think it should be added just in case either of you move.

Last edited by sahibjee; 02-05-2014 at 12:13 AM.
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Old 02-05-2014, 12:30 AM
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Quote:
Originally Posted by sahibjee View Post
1- you are entitled to offset support, & proportionate share of section 7 expenses. as the child will get older these expenses will grow, you will also likely have a new family and it will be difficult to keep paying her full CS and maintaining the child at your place without any support from ex. you should IMHO go for offset support instead of paying full table. specially if you have had the same custody/access arrangement as described above for the past 6 months then you already have status quo and it will be hard for her to change that.

2- it seems like you are taking a huge bullet and letting her off the hook on the debt. you should add that this responsibility of this debt takes into account any and all RRSPs in your account and that she will have no further interest in your RRSPs ( as mentioned on the forums the ex's can come after RRSPs even if divorce is finalized and assets have been split etc.)
EDIT: sorry didnt see the "other pensions" section, but i think its still advisable to name the RRSPs.

3- you have not added any exchange location/ arrangements, i think it should be added just in case either of you move.
#1 I think Line 21 should cover it... (I will just remove the first word that says "Or". What do you think?
21. Or, we agree to make our own child support arrangements as described below.
a. The parties agree that child support shall be dispersed using the Federal child support table guidelines and the offset method with a July to June payment schedule. The payment amounts will be based off Line 150 of the parties respective Notice of Assessments.

#2 Thanks... wasnt thinking about the RRSP's but I'll add another line item in similiar to the pension section

#3 You mean pickup and dropoff for baby?


Thanks a lot for your feedback!
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