Announcement

**FWB** · 01-05-2014, 03:07 PM

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ontGrowAutofit/> </w:Compatibility> <w:BrowserLevel>MicrosoftInternetExplorer4</w:BrowserLevel> </w:WordDocument> </xml><![endif]--> (a) to the wife,____ per cent; and
(b) to the husband,____ per cent.
(5) If the parties cannot agree on the terms of sale, either may apply to the court under the appropriate statute to have the issue determined.

33. PERSONAL PROPERTY
(1) The husband hereby transfers his interest in the contents of the matrimonial home to the wife, except for:
(i) ; and
(ii) ,
which are the property of the husband.
(2) The husband hereby transfers his interest in the automobile to the wife and will forthwith execute all necessary documents to effect the transfer.
Alternate
(3) The husband and wife acknowledge that they [have/will] [divided/divide] the contents of the matrimonial home and their personal property in a manner satisfactory to both of them. If the parties cannot agree on the division of the contents of the matrimonial home and their personal property, then either will be at liberty to apply to the court under the Family Law Act for an order dividing the contents and personal property equally between the parties.

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ontGrowAutofit/> </w:Compatibility> <w:BrowserLevel>MicrosoftInternetExplorer4</w:BrowserLevel> </w:WordDocument> </xml><![endif]--> Canada Pension Plan‑No application for division of credits
34. CANADA PENSION PLAN CREDITS
Neither the husband nor the wife will apply under the Canada Pension Plan for a division of pension credits after the dissolution of their marriage.
Alternate

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.
Canada Pension Plan-Permitting application for division of credits
35. CANADA PENSION PLAN CREDITS
Either party may apply under the Canada Pension Plan for a division of pension credits.
36. OTHER PENSIONS

**FWB** · 01-05-2014, 03:08 PM

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ontGrowAutofit/> </w:Compatibility> <w:BrowserLevel>MicrosoftInternetExplorer4</w:BrowserLevel> </w:WordDocument> </xml><![endif]--> 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.
37. INCOME TAX
(1) Except as otherwise provided in this agreement, the husband covenants and agrees that:
(i) to the best of his knowledge, information and belief, he is not liable for any income tax whatsoever for any calendar or fiscal year (referred to as "year" in this paragraph) ending prior to the date of this agreement;
(ii) he has paid, or will pay when due, all income taxes owing and all instalment payments due for all years, including the year in which a transfer of property to the wife will occur under this agreement or a transfer, direct or indirect, to the wife has occurred prior to this agreement (referred to as "Year of Transfer" or collectively as "Years of Transfer" in this paragraph);
(iii) to pay or to cause to be paid any and all outstanding income taxes for all years up to and including each Year of Transfer; and

(iv) if the wife, as transferee of property, becomes liable under the Income Tax Act, including liability for income tax of the husband arising under Section 160 of the Income Tax Act, or any property acquired as provided in this <!--[if gte mso 9]><xml> <w:WordDocument> <w:View>Normal</w:View> <w:Zoom>0</w:Zoom> <w:PunctuationKerning/> <w:ValidateAgainstSchemas/> <w:SaveIfXMLInvalid>false</w:SaveIfXMLInvalid> <w:IgnoreMixedContent>false</w:IgnoreMixedContent> <w:AlwaysShowPlaceholderText>false</w:AlwaysShowPlaceholderText> <w:Compatibility> <w:BreakWrappedTables/> <w:SnapToGridInCell/> <w:WrapTextWithPunct/> <w:UseAsianBreakRules/> <w

ontGrowAutofit/> </w:Compatibility> <w:BrowserLevel>MicrosoftInternetExplorer4</w:BrowserLevel> </w:WordDocument> </xml><![endif]--> agreement becomes charged for payment of any income taxes for which the husband was or is liable to pay under the Income Tax Act or any similar federal or provincial statute for Years of Transfer or any prior period, then the husband agrees to indemnify the wife and save her harmless with respect to such income tax liability which may be imposed upon her; provided that the husband will not be liable to indemnify the wife for any income tax liability of the wife arising under Section 160 that has arisen on account of income or taxable capital gains of the wife attributed to the husband by virtue of subsections 74.1(1) or 74.2 of the Income Tax Act for the period after the execution of this agreement.
(2) Except as otherwise provided in this agreement, the wife covenants and agrees that:
(i) to the best of her knowledge, information and belief, she is not liable for any income tax whatsoever for any calendar or fiscal year (referred to as "year" in this paragraph) ending prior to the date of this agreement;
(ii) she has paid, or will pay when due, all income taxes owing and all installment payments due for all years, including the year in which a transfer of property to the husband will occur under this agreement or a transfer, direct or indirect, to the husband has occurred prior to this agreement (referred to as "Year of Transfer" or collectively as "Years of Transfer" in this paragraph);

**FWB** · 01-05-2014, 03:10 PM

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ontGrowAutofit/> </w:Compatibility> <w:BrowserLevel>MicrosoftInternetExplorer4</w:BrowserLevel> </w:WordDocument> </xml><![endif]--> (iii) to pay or cause to be paid any and all outstanding income taxes for all years, up to and including each Year of Transfer; and

(iv) if the husband, as transferee of property, becomes liable under the Income Tax Act, including liability for income tax of the wife arising under Section 160 of the Income Tax Act, or any property acquired as provided in this agreement becomes charged for payment of any income taxes for which the wife was or is liable to pay under the Income Tax Act or any similar federal or provincial statute for Year of Transfer or any prior year, then the wife agrees to indemnify the husband and save him harmless with respect to such income tax liability which may be imposed upon him; provided that the wife will not be liable to indemnify the husband for any income tax liability of the husband arising under Section 160 that has arisen on account of income or taxable capital gains of the husband attributed to the wife by virtue of subsections 74.1(1) or 74.2 of the Income Tax Act for the period after execution of this agreement.
(3) The husband and wife each agree to execute and file, pursuant to subsection 74.5(3) of the Income Tax Act, with their tax returns for the year this agreement is executed, a joint election (in a form suitable for filing, as set out in Schedule "B" to this agreement) not to have the taxable capital gain attribution provisions of the Income Tax Act apply to dispositions of property by the husband and wife from and after the execution of this separation agreement.
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ontGrowAutofit/> </w:Compatibility> <w:BrowserLevel>MicrosoftInternetExplorer4</w:BrowserLevel> </w:WordDocument> </xml><![endif]--> (4) The husband and wife further agree that if, for any reason, there is attribution of taxable capital gains between them under the provisions of the Income Tax Act or any similar federal or provincial legislation for the period after the execution of this agreement, the transferor spouse will be indemnified and saved harmless by the transferee spouse from any resulting increase in income tax liability.

(5) The husband and wife further agree that if, for any reason, there is income attribution between them under the provisions of the Income Tax Act or any similar federal or provincial legislation for the period after the execution of this agreement, the transferor spouse will be indemnified and saved harmless by the transferee spouse from any resulting increase in income tax liability.
38. FURTHER RELEASES
(1) Property:
Except as otherwise provided in this agreement, the husband and wife agree that:
(i) all their property has been divided between them to their mutual satisfaction;
(ii) each releases all rights to and interest in property owned by the other which he or she has or may acquire under the laws of any jurisdiction, and in particular the Family Law Act, including all rights to and interest in:
(a) ownership in property;
(b) possession of property;

**FWB** · 01-05-2014, 03:10 PM

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ontGrowAutofit/> </w:Compatibility> <w:BrowserLevel>MicrosoftInternetExplorer4</w:BrowserLevel> </w:WordDocument> </xml><![endif]--> (c) compensation by payment of an amount of money, or by an award of a share of property for contribution of any kind, whether direct or indirect, made to property;
(d) division of property; and
(e) an equalization payment pursuant to the Family Law Act.
(f) The husband and wife each releases all rights, possessory or otherwise, which he or she has or may acquire under Part II of the Family Law Act.

(2) Debts and Obligations
Except as otherwise provided in this agreement:
(i) neither the husband nor the wife will contract in the name of the other or bind the other in any way for any debts or obligations; and
(ii) if debts or obligations were incurred by the husband or the wife on behalf of the other before or are so incurred after the date of this agreement, he or she will completely indemnify the other from all such debts or obligations and any related damages or costs.
(3) Estate
Except as otherwise provided in this agreement, and subject to any additional devises and/or bequests by one of the parties to the other in any valid will made after the date of this agreement, the husband and wife each releases all rights which he or she may have under a will of the other made prior to the date of this agreement and all rights <!--[if gte mso 9]><xml> <w:WordDocument> <w:View>Normal</w:View> <w:Zoom>0</w:Zoom> <w:PunctuationKerning/> <w:ValidateAgainstSchemas/> <w:SaveIfXMLInvalid>false</w:SaveIfXMLInvalid> <w:IgnoreMixedContent>false</w:IgnoreMixedContent> <w:AlwaysShowPlaceholderText>false</w:AlwaysShowPlaceholderText> <w:Compatibility> <w:BreakWrappedTables/> <w:SnapToGridInCell/> <w:WrapTextWithPunct/> <w:UseAsianBreakRules/> <w

ontGrowAutofit/> </w:Compatibility> <w:BrowserLevel>MicrosoftInternetExplorer4</w:BrowserLevel> </w:WordDocument> </xml><![endif]--> which he or she has or may acquire under the laws of any jurisdiction in the estate of the other and, in particular:
(i) under the Succession Law Reform Act:
(a) to share in the estate of the other upon the other dying intestate; or
b) to an allowance or payment as a dependant from the estate of the other:
(ii) under the Trustee Act, to act as executor or administrator of the will or the estate of the other;
(iii) under the Estates Act, to apply for a grant of probate or administration; and
(iv) under the Family Law Act, to his or her entitlement under it on the death of the other.

(4) Personal Care:
The husband and wife each releases and discharges all rights he or she may have under any power of attorney executed in his or her favour by the other party prior to the date of this agreement and each releases and discharges all rights and claims that he or she has or may acquire to make decisions relating to the care of the other under the laws of Ontario or any other jurisdiction, and in particular:
(a) under the Substitute Decisions Act, to apply to be appointed by a court to act as an attorney for the personal care of the other;
(b) under subsections 20(1) and (2) of the Health Care Consent Act, to provide consent or to refuse to consent to a treatment or treatments proposed by a

**FWB** · 01-05-2014, 03:12 PM

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ontGrowAutofit/> </w:Compatibility> <w:BrowserLevel>MicrosoftInternetExplorer4</w:BrowserLevel> </w:WordDocument> </xml><![endif]--> physician on behalf of the other, when the other is incapable of providing such consent or refusal on his or her own behalf.
(5) 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.
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ontGrowAutofit/> </w:Compatibility> <w:BrowserLevel>MicrosoftInternetExplorer4</w:BrowserLevel> </w:WordDocument> </xml><![endif]--> 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.
39. BINDING UPON ESTATE
The terms of this agreement will enure to the benefit of and be binding upon each party and/or his or her respective heirs, executors, administrators, and assigns.
40. SEPARATION AGREEMENT TO SURVIVE DIVORCE
(1) If a divorce judgment is obtained, all the terms of this agreement will survive and continue in force.
(2) If a divorce judgment is obtained, only paragraph(s) and will be incorporated into the judgment.

41. DIVORCE
(1) 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 basis.
Alternate Clause

**FWB** · 01-05-2014, 03:13 PM

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ontGrowAutofit/> </w:Compatibility> <w:BrowserLevel>MicrosoftInternetExplorer4</w:BrowserLevel> </w:WordDocument> </xml><![endif]--> (2) The parties will share equally the costs of the divorce.
42. AGREEMENT TO PREVAIL
This agreement prevails over any matter that is provided for:
(i) in the Family Law Act, the Divorce Act, the Succession Law Reform Act, or any other relevant statute or law of Ontario or any other jurisdiction; and
(ii) any subsequent domestic contract between one of the parties and another person,
where this agreement makes provision for such matter.
43. JOINT PREPARATION OF AGREEMENT
Each party personally and/or by his or her lawyer has participated in the preparation of this agreement. It must be construed as if the parties were joint authors, and it will not be construed against one party as if that party or that party's lawyer were the sole or major author of the agreement.
44. PROPER LAW
The proper law of this agreement is the law of Ontario.
45. SEVERABILITY OF TERMS
Except as otherwise provided, all of the terms of this agreement are severable from each other and will survive the invalidity of any other term of this agreement.
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ontGrowAutofit/> </w:Compatibility> <w:BrowserLevel>MicrosoftInternetExplorer4</w:BrowserLevel> </w:WordDocument> </xml><![endif]--> 48. GENERAL
(1) The husband and wife will each execute any documents required to give effect to the terms and intent of this agreement.
(2) There are no representations, collateral agreements, warranties or conditions affecting this agreement.
(3) This agreement may be amended only by a further agreement in writing and witnessed.
(4) If any provision of any statute of any jurisdiction invalidates or voids this agreement, or any amendments to it, as a domestic contract, it is the intention of the parties that each provision of this agreement or any amendments to it be construed as a separate contract under ordinary contract law and enforceable as such.
90 Day Trial Cohabitation Clause‑Single Period of 90 Days
49. NINETY‑DAY TRIAL COHABITATION

If at any future time, the husband and wife, with their mutual consent, cohabit as husband and wife for a single period of less than ninety days, with reconciliation as the primary purpose of the cohabitation, the terms of this agreement will not be affected except as provided in this paragraph. If the husband and the wife, with their mutual consent, cohabit as husband and wife for a period of more than ninety days, with reconciliation as the primary purpose of the cohabitation, the terms of this agreement will become void, except that

**FWB** · 01-05-2014, 03:14 PM

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ontGrowAutofit/> </w:Compatibility> <w:BrowserLevel>MicrosoftInternetExplorer4</w:BrowserLevel> </w:WordDocument> </xml><![endif]--> nothing in this paragraph will affect or invalidate any payment, conveyance or act made or done pursuant to the terms of this agreement.
90 Day Trial Cohabitation Clause‑A period or periods totalling
no more than 90 Days
50. NINETY‑DAY TRIAL COHABITATION
If at any future time, the husband and wife, with their mutual consent, cohabit as husband and wife for a period or periods totalling no more than ninety days, with reconciliation as the primary purpose of the cohabitation, the terms of this agreement will not be affected except as provided in this paragraph. If the husband and the wife, with their mutual consent, cohabit as husband and wife for a period or periods totalling more than ninety 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 or invalidate any payment, conveyance or act made or done pursuant to the terms of this agreement.
51. INDEPENDENT LEGAL ADVICE AND FINANCIAL DISCLOSURE
The husband and wife each acknowledges that he or she:
(i) has had independent legal advice;
(ii) has read the agreement in its entirety and has full knowledge of the contents;
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ontGrowAutofit/> </w:Compatibility> <w:BrowserLevel>MicrosoftInternetExplorer4</w:BrowserLevel> </w:WordDocument> </xml><![endif]--> (iii) understands his or her respective rights and obligations under this agreement, the nature of this agreement and the consequences of this agreement;
(iv) has made full and complete disclosure of his or her financial circumstances to the other, including but not limited to his or her income, assets, debts or other liabilities;
(v) acknowledges that the terms of this agreement are fair and reasonable;
(vi) is entering into this agreement without any undue influence, fraud or coercion whatsoever; and
(vii) is signing this agreement voluntarily.
Alternate Clause‑Where parties do not wish to have counsel
(1) The husband and wife each acknowledge that he or she:
(i) has read this agreement in full before affixing his or her signature hereto, and acknowledge that he or she fully understands the nature and effect of this agreement; and
(2) The parties acknowledge and declare that they acknowledge and declare the option and opportunity to seek independent legal advice with respect to the terms of this agreement.

**FWB** · 01-05-2014, 03:15 PM

(3) The parties acknowledge and declare that it is their wish to enter into this agreement without the benefit of independent legal advice and acknowledge and declare that the terms of this agreement correctly set out their wishes and intentions.
52. COSTS
The husband and wife will each pay his or her own legal fees and disbursements incurred by him or her in the negotiation and preparation of this agreement.
53. EXECUTION
TO EVIDENCE THEIR AGREEMENT, the husband and wife have each signed this agreement under seal.
SIGNED, SEALED AND DELIVERED
On the ____day of ____________, 20XX

_________________________ ____________________________
Signature of Witness Wife (Full Legal Name)

_________________________
Full Legal Name of Witness
Address & Telephone No.

__________________________ ____________________________
Signature of Witness Husband (Full Legal Name)

__________________________
Full Legal Name of Witness
Address and Telephone No.

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ontGrowAutofit/> </w:Compatibility> <w:BrowserLevel>MicrosoftInternetExplorer4</w:BrowserLevel> </w:WordDocument> </xml><![endif]--> CERTIFICATE OF INDEPENDENT LEGAL ADVICE
OF THE HUSBAND

I, ______________________, of the ____ of _______, Barrister & Solicitor, HEREBY CERTIFY that I was consulted in my professional capacity by __________________, named in this agreement, dated the ______ day of ___________, 20XX, as to his obligations and rights under this agreement. I acted solely for him and explained fully to him the nature and effect of the agreement and he did this day acknowledge and declare that he fully understood its nature and effect and did execute it in my presence. He acknowledged and declared and it appeared to me that he was executing the agreement of his own volition and without fear, threats, compulsion or influence by __________________ or any other person.
DATED this day of ,20XX.

_________________________________
Signature of Solicitor for the Husband

**FWB** · 01-05-2014, 03:17 PM

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ontGrowAutofit/> </w:Compatibility> <w:BrowserLevel>MicrosoftInternetExplorer4</w:BrowserLevel> </w:WordDocument> </xml><![endif]-->

CERTIFICATE OF INDEPENDENT LEGAL ADVICE

OF THE WIFE

I, ____________________, of the ____ of _______, Barrister & Solicitor, HEREBY CERTIFY that I was consulted in my professional capacity by __________________, named in this agreement, dated the ______ day of ___________, 20XX, as to her obligations and rights under this contract. I acted solely for her and explained fully to her the nature and effect of the agreement and she did this day acknowledge and declare that she fully understood its nature and effect and did execute it in my presence. He acknowledged and declared and it appeared to me that she was executing the agreement of her own volition and without fear, threats, compulsion or influence by __________________ or any other person.

DATED this day of ,20XX.

_________________________________
Signature of Solicitor for the Wife


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ontGrowAutofit/> </w:Compatibility> <w:BrowserLevel>MicrosoftInternetExplorer4</w:BrowserLevel> </w:WordDocument> </xml><![endif]--> DATED:
________________________________________________

"husband"

- and -

"wife"

_________________________________________________

SEPARATION AGREEMENT

_________________________________________________

**FWB** · 01-05-2014, 03:18 PM

****That's all of it folks****

Hope it serves as help for some of you!

Stay Blessed

FWB

**arabian** · 01-05-2014, 03:31 PM

If I were "the wife" I could rent/lease the home out as long as I let you know?

**FWB** · 01-05-2014, 03:53 PM

....in the first post, there was this line

It can be tweaked to your own particular situation, but it covers most areas

**arabian** · 01-05-2014, 03:56 PM

Thanks for the clarification.

I noted the 90 day reconciliation. I can't fathom going back with my ex for 1 minute let alone 90 days! I guess it's not unusual though. Bad habits are hard to quit they say.

**baldclub** · 01-07-2014, 05:31 PM

Originally posted by FWB View Post

....in the first post, there was this line

I was just about to post that template when I saw you had already done it. Thanks FWB.

**Luddite** · 07-15-2014, 02:14 PM

FYI according to my lawyer anyway, SA's don't seem to hold a lot of water regardless.

Just a thought.

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Seaparation Agreement Template

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