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  • separation agreement examples

    Hi,
    Want to try to minimize legal costs before I'm bankrupt so attempting to come up with my own separation agreement/offer to settle. My lawyer has been useless so far and it has cost me tons of money. Ex is willing to cooperate and I would like to hammer out the basics of a settlement agreement on my own to save costs, run it by my lawyer and then present it to my ex. I am looking for some examples of separation agreements that would include custody and property division. I have found good pointers on this site but not quite a full agreement that would include both CC and property division.

    I was common law for 19 years, 2 children (14 and 15) and we want a shared custody arrangement. We will divide assets and debts in half.

    Would appreciate it if some members here would be willing to share copies (remove sensitive info of course) of their agreements. I understand that every situation is different but I'd like to see what worked for others on this site. Many thanks

  • #2
    There's a workbook with a CD with documents you can print off at Staples, Indigo, Chapters, etc. You can find most/all of the info on the net but the book saves you a lot of hunting.

    Mostly you want correct working and making sure you have dealt will are areas, so the workbook will cover you there. The main thing is if you and the ex agree on stuff, if that's all ok with you both then really you just need the templates and then get a cheap neighbourhood lawyer for each of you to sign it off.

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    • #3
      Originally posted by Cleo View Post
      Hi,
      Want to try to minimize legal costs before I'm bankrupt so attempting to come up with my own separation agreement/offer to settle. My lawyer has been useless so far and it has cost me tons of money. Ex is willing to cooperate and I would like to hammer out the basics of a settlement agreement on my own to save costs, run it by my lawyer and then present it to my ex. I am looking for some examples of separation agreements that would include custody and property division. I have found good pointers on this site but not quite a full agreement that would include both CC and property division.

      I was common law for 19 years, 2 children (14 and 15) and we want a shared custody arrangement. We will divide assets and debts in half.

      Would appreciate it if some members here would be willing to share copies (remove sensitive info of course) of their agreements. I understand that every situation is different but I'd like to see what worked for others on this site. Many thanks
      Send me a private message with your email address and I will send you my separation agreement. We were common law for 17 years, we did not have children, so it only addresses spousal support and division of assets. It was drafted by two very good lawyers.

      FG

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      • #4
        Separation agreement

        This is my first time on this forum and I am looking for some help as well. My ex and I have been arguing back and forth over how much I should be giving him from the equity of my house which I had purchased before he moved in, plus a few other things from the house like artwork from our trips etc. I want to cut the cost of my lawyer as I have already used up my retainer so I am trying to draw up a very simple separation agreement to sent to my lawyer but have no clue where to start.

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        • #5
          Originally posted by sunset View Post
          This is my first time on this forum and I am looking for some help as well. My ex and I have been arguing back and forth over how much I should be giving him from the equity of my house which I had purchased before he moved in, plus a few other things from the house like artwork from our trips etc. I want to cut the cost of my lawyer as I have already used up my retainer so I am trying to draw up a very simple separation agreement to sent to my lawyer but have no clue where to start.
          Careful...

          Unless you had a very short marriage (how long has he lived in the house?), the matrimonial home is fully split. Yes, ridiculous... but that's the law. Might want to play nice...

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          • #6
            Originally posted by Janus View Post
            Careful...

            Unless you had a very short marriage (how long has he lived in the house?), the matrimonial home is fully split. Yes, ridiculous... but that's the law. Might want to play nice...

            *IF* you were legally married, and not common law.

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            • #7
              He lived in the house for just under 3 years. All he did while he was here was build a deck with our money. Everything else was here before he moved in and I offered him 9000 which he finally took but now wants me to pay $900 for his lawyer to draw up separation papers

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              • #8
                Were you legally married?

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                • #9
                  I'd pay the $900 and be done with it.

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                  • #10
                    Yes we were legally married. My house is around 215,000 resale. He wants 9000 from the house plus 900 for his legal fees. Plus our 52" flat screen tv and the hottub which isn't paid off. It has around 2500 paid on it which he has been paying but keeping at my house. Does that sound fair?

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                    • #11
                      How much equity is in the house, how much do you own on it?

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                      • #12
                        Originally posted by sunset View Post
                        Yes we were legally married. My house is around 215,000 resale. He wants 9000 from the house plus 900 for his legal fees. Plus our 52" flat screen tv and the hottub which isn't paid off. It has around 2500 paid on it which he has been paying but keeping at my house. Does that sound fair?
                        In order to comment on the house, it would depend how much equity is in the house... legal fees- he can be responsible for his own legal fees (what is he giving you towards your legal fees)... as for the TV... how much are you willing to pay to fight him on this... if this is all he is asking for, I would say just hand it over to save you the hassle... hottub... if he has been making the payments but has not had use of it, would it not be fair to give it to him?

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                        • #13
                          Thanks for the advice. I have around 164,000 left on the house. But I have had it for around 7 years. We were married for 3.

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                          • #14
                            Originally posted by sunset View Post
                            Thanks for the advice. I have around 164,000 left on the house. But I have had it for around 7 years. We were married for 3.
                            You are playing with fire. You were married, and spent 3 years in a home. It can easily be determined that the home is a matrimonial home, and as such he owns half the outstanding equity, even if all he ever did was sit around and drink beer while you worked.

                            Give him the $900, the hot tub, and the TV, and thank your lucky stars. That is a ridiculously cheap divorce.

                            Comment


                            • #15
                              Originally posted by Janus View Post
                              You are playing with fire. You were married, and spent 3 years in a home. It can easily be determined that the home is a matrimonial home, and as such he owns half the outstanding equity, even if all he ever did was sit around and drink beer while you worked.

                              Give him the $900, the hot tub, and the TV, and thank your lucky stars. That is a ridiculously cheap divorce.
                              Agreed... With $51k equity in the home... You technically could be paying him $25k... I would pay what he is asking... Draw up the agreement, get it reviewed and signed, with ILA... And count your lucky stars.

                              Comment

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