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.
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.
Comment