Seaparation Agreement Template

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FWB replied

01-05-2014, 02:43 PM
 (13) Affections:
Each of the parents will exert every effort to maintain free access to and unhampered contact between the child(ren) and the other parent; and to foster a feeling of affection between the child(ren) and the other parent. Neither parent will do anything which would estrange the child(ren) from the other; which would injure the opinion of the child(ren) as to (his/her/their) mother or father; or which would impair the natural development of the child (ren)'s love and respect for each of the parents.
(14) 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.

 JOINT LEGAL CUSTODY
The child(ren) 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(ren) and to have the child(ren) visit him including the right to have the child(ren) to stay overnight with him or to take the child(ren) 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(ren).
9. CHANGE OF CHILD(REN)'S NAME
The parties agree that neither of them will make application to the Registrar General appointed under the Vital Statistics Act to change the names of the child(ren), nor will he or she take any other action whatsoever to change the names of the child(ren) without the consent of the other party. Both the husband and wife further agree that this provision will be deemed to be a bar to any such application and may be filed with and will be binding upon any officer of the Office of the Registrar General appointed under the Vital Statistics Act who receives such application by either party in contravention of this provision.
(Spousal Support‑Mutual Release)
10. SPOUSAL SUPPORT
(1) Each of the parties:
 is financially independent;
(ii) does not require financial assistance from the other;(iii) releases the other from all obligations to provide support or interim support to the other pursuant to 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
(iv) releases his or her right to claim or obtain support or interim support pursuant to 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, from the other.
The parties realize that their respective financial circumstances may change in the future by reason of their health, the cost of living, their employment, and otherwise. No change whatsoever, even if it be material, profound, catastrophic, or otherwise, whether causally connected to the marriage or not, will give either party the right to claim or obtain interim or permanent support pursuant to the Family Law Act, the Divorce Act, the Succession Law Reform Act or any other statute or law of Ontario or any other jurisdiction, from the other. The parties acknowledge and agree that they have considered the economic consequences of the marriage and its breakdown in agreeing to the final release of spousal support in this agreement. The parties have specifically considered the provisions and factors set out in sections 15 and 17 of the 

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FWB replied

01-05-2014, 02:42 PM
(Joint Custody)
7. JOINT LEGAL CUSTODY
(1) The husband and wife will have joint custody of the child(ren) and the child(ren) will have their primary residence in the home of the wife, and the wife will have the day-to-day care and control of the child(ren).
(2) The child(ren)'s best interests will always be paramount.
(3) There will be full disclosure between the parties on all matters affecting the welfare of the child(ren) and the parties will confer as often as necessary to resolve any such matter.
(4) The husband will have the right to visit frequently with the child(ren) outside the wife's residence as often as is reasonably convenient to the wife, husband and child(ren). Visits will include, but not be limited to, the following times:
(i) two days each week from .m. until .m.
(ii) every second weekend from at .m. until at .m.;
(iii) one month each summer;

(iv) one-half of the spring school vacation;
(v) one-half of the Christmas vacation.
(5) If the wife predeceases the husband, the day-to-day care and control of the child(ren) will revert to the husband.

 (6) Neither party will remove the child(ren) from the Municipality of Metropolitan Toronto without the consent in writing of the other, except for a brief vacation.
(Option Number 1: Passports)
(7) The wife will have the right to obtain passports for the child(ren) and the husband consents to the issuance of same.
(Option Number 2: Passports)
(8) Neither party will apply to obtain passports for the child(ren) without the written consent of the other, which consent will not be unreasonably withheld.
(The following paragraphs may also be considered, but their value may be more therapeutic than legal)
(Option Number 3
(9) The husband and wife acknowledge that the other is a devoted, loving parent and that it is essential for the welfare of the child(ren) that they have as much contact with the husband as is reasonable.
(Option Number 4
(10) Definition of Joint Custody:

It is the intention of the parents in agreeing to joint legal custody that each of them will continue to have a full and active role in providing a sound moral, social, economic and educational environment for the child(ren) and continue that support

 which each child has received to date. The parents will consult with one another in substantial questions relating to religious upbringing, educational programs, significant changes in social environment, and non-emergency health care of the
child(ren). In accepting the broad grant of privileges conferred by this joint custodial arrangement upon each of the parents, they specifically recognize that these powers will not be exercised for the purpose of frustrating, denying, or controlling in any manner the social development of the other parent. The parents will exert their best efforts to work co-operatively in future plans consistent with the best interests of the child(ren) and in amicably resolving such disputes as may arise.
(11) Alternation of Custody during Summer Vacation:
The parents agree that from the date of (e.g. one week after the termination of the school year until the date two weeks in advance of the commencement of the ensuing school year), the residential care of the child(ren) will be changed (as to each child) from the designation above to the care of the other parent who will for that period of time have the primary day-to-day responsibility for the guidance and upbringing of the child(ren).
(12) Mediation
 If the parents alone cannot resolve a conflict, they agree to seek appropriate, competent assistance. The matter will be referred for mediation to a professional person skilled in the area of resolution of the problems of child(ren) and their families. This procedure will be followed to its conclusion prior to either party seeking relief from the court. While the dispute is being resolved, the residential parent will continue making such day-to-day decisions as are necessary, but will take no substantial action in the area of the disagreement which would prejudice or take unfair advantage of the other parent by use of the residential status to his/her own benefit.


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FWB replied

01-05-2014, 02:35 PM
 (x) "Estates Act" means the Estates Act, R.S.O. 1990, c. E.21;
(xi) "Family Law Act" means the Family Law Act, R.S.O. 1990, c.F.3;
(xiii) �Family Responsibility and Support Arrears Enforcement Act� means the Family Responsibility and Support Arrears Enforcement Act 1996, S.O.1996, c.31.
(xii) "Health Care Consent Act" means the Health Care Consent Act, 1996, S.O. 1996, c. 2;
(xiii) "Income Tax Act" means the Income Tax Act, R.S.C. 1985, Fifth Supp.;
(xivi) "Canada Pension Plan" means the Canada Pension Plan that is referred to in the Canada Pension Plan Act, R.S.C. 1985, c. C-8;
(xv) "Insurance Act" means the Insurance Act, R.S.O. 1990, c.I.8;
(xviiii) "Substitute Decisions Act" means the Substitute Decisions Act, 1992, S.O. 1992, c. 30;
(xiv) "Succession Law Reform Act" means the Succession Law Reform Act, R.S.O. 1990, c. S.26;
(xvii) "Trustee Act" means the Trustee Act, R.S.O. 1990, c.T.23; and
(xviii) "Vital Statistics Act" means the Vital Statistics Act, R.S.O. 1990, c.V.4.
(2) Legislation referred to by name will mean that legislation in force at the material time and includes any amendments to that legislation or any successor legislation.

 2. LIVING SEPARATE AND APART
The husband and the wife will live separate and apart from each other for the rest of their lives.
3. FREEDOM FROM THE OTHER
The husband and the wife will not annoy, harass, molest or in any way interfere with the other or attempt to compel the other to live with him or her.
(Custody and Access‑Wife Sole Custody‑Liberal Access � switch this around for the husband to have sole custody if that�s the case)
4. CUSTODY AND ACCESS
(1) The wife will have custody of the child(ren) and the husband will have liberal access.
(2) Neither party will remove the child(ren) from the Municipality of Metropolitan Toronto without the written consent of the other, except for a brief vacation.
(Custody and Access-Wife Sole Custody-Enlarged Access)
5. CUSTODY AND ACCESS

(1) The wife will have custody of the child(ren) and the husband will have access.
(2) Both parties acknowledge that it is in the best interests of the child(ren) to have frequent contact with the husband. Accordingly, each will use their best efforts to make plans for the child(ren) which ensure frequent and regular periods of access

 with the husband, including daytime and overnight visits appropriate to the needs and stage of development of the child(ren).
(3) In making plans for access the primary factor will be the needs and convenience of the child(ren).
(4) The parties will keep each other fully informed of all matters affecting the interests of the child(ren) and will confer as often as necessary on any matter affecting the child(ren).
(5) If the parties cannot agree on the periods of access that the child(ren) should spend with the husband, either may apply to the Court under the appropriate statute to have access defined.
(Liberal Access - Defined)
6. ACCESS
Access of the husband to the child(ren) will include, but not be limited to, the following:
(1) each from .m. until .m.;
(2) every second weekend from , at .m. until at .m.;

(3) one month in the summer of each year on 60 days written notice by the husband to the wife;
(4) one-half of each Christmas school vacation;
(5) one-half of each spring school vacation.


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FWB started a topic Seaparation Agreement Template

01-05-2014, 02:33 PM
Seaparation Agreement Template

***Please Mods fix the thread title typo: SEPARATION**** Thanks

Perhaps this can be made into a "Sticky" at some point to better help people? It can be tweaked to your own particular situation, but it covers most areas

 THIS IS A SEPARATION AGREEMENT made this ______ day of ____________, 20XX

B E T W E E N:

FULL LEGAL NAME (referred to as the "husband" in this agreement)

- and -

FULL LEGAL NAME (referred to as the "wife" in this agreement)

BACKGROUND:
(1) The husband and wife were married in the City of____________, in the Province of Ontario, on ;
(2) There is/are____child(ren) of the marriage, namely,_____________ , born_________ and______________ , born__________ . They are referred to individually by name or as "the child" and collectively as "the children".
(3) The parties have agreed to live separate and apart and have in fact lived separate and apart continuously since______________ .
(4) The parties have agreed to settle all issues between them.

(5) The parties agree that if the marriage is dissolved, the terms "wife" and "husband" will be construed to mean "former wife" and "former husband" in the following agreement.
(6) The parties have agreed to enter into the following agreement which is a domestic contract within the meaning of the Family Law Act, R.S.O. 1990, c. F.3.
 ACCORDINGLY, the parties agree as follows:
1. DEFINITIONS:
(1) In this agreement:
(i) "automobile" means the 19, Licence No. ;
(ii) "brief vacation" means not exceeding two weeks;
(iii) "company" means and any assets, interests, liabilities and shares in it or any successor;
(iiv) "income tax" and "income taxes" includes tax, interest and penalties owing under the provisions of the Income Tax Act and any tax owing under similar federal or provincial legislation;
(v) "matrimonial home" means the family home at____________ , Ontario;
(vi) "property" means real or personal property or any interest in such property;
(vii) "Arbitration Act" means the Arbitration Act, S.O. 1991, c. 17;

(viii) "Children's Law Reform Act" means the Children's Law Reform Act, R.S.O. 1990, c. C.12;
(iviii) "Divorce Act" means the Divorce Act, R.S.C. 1985, c. D-3.4;
(ix) "Child Support Guidelines" means the Federal Child Support Guidelines, SOR/97-175;


Last edited by FWB; 01-05-2014, 03:25 PM.
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