Seaparation Agreement Template

This topic is closed.

baldclub replied

07-15-2014, 05:55 PM
Not pointless at all. My separation agreement also becoming a final court order.

Nothing is truly final, anything can be revisited with the proper legal argument. In fact I'll be revisiting child support, with change in material circumstances, documented.
Leave a comment:
FB_ replied

07-15-2014, 04:04 PM
Originally posted by Luddite View Post

so basically pointless.

No, not pointless at all.

It is a contract that you make and you are legally bound to it. You can make a very simple agreement that outlines only enforceable items which would provide the basic rules on how decision are made and how access is split.

However mine has information on how holidays work, vacation with the kids, without the kids and lots of other things that I thought were important.
Leave a comment:
Luddite replied

07-15-2014, 04:00 PM
so basically pointless.
Leave a comment:
FB_ replied

07-15-2014, 02:16 PM
Originally posted by Luddite View Post

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

Just a thought.

A separation agreement can be turned into a court order on consent

Mine was. There are many things in Separation agreements that are not enforceable though and cannot be made into an order.
Leave a comment:
Luddite replied

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.
Leave a comment:
baldclub replied

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.
Leave a comment:
arabian replied

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.
Leave a comment:
FWB replied

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
Leave a comment:
arabian replied

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?
Leave a comment:
FWB replied

01-05-2014, 03:18 PM
****That's all of it folks****

Hope it serves as help for some of you!

Stay Blessed

FWB
Leave a comment:
FWB replied

01-05-2014, 03:17 PM

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


 DATED:
________________________________________________

"husband"

- and -

"wife"

_________________________________________________

SEPARATION AGREEMENT

_________________________________________________


Leave a comment:
FWB replied

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.

 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

Leave a comment:
FWB replied

01-05-2014, 03:14 PM
 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;
 (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.

Leave a comment:
FWB replied

01-05-2014, 03:13 PM
 (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.
 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 
Leave a comment:
FWB replied

01-05-2014, 03:12 PM
 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.
 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


Leave a comment: