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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 11-01-2006, 12:48 PM
wmike wmike is offline
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Cool Question for LV - Separation Agreement.

Hello LV.

Can you pretty much include anything in your Separation Agreement.?
As far as I know it's an open forum between parties.!

I had a mutual understanding with my spouse that neither of us would lay stake to each other's CPP. Can I include that in the agreement or does the Law say otherwise.

Awaiting your reply asap

Regards.
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Old 11-01-2006, 05:39 PM
logicalvelocity logicalvelocity is offline
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wmike,

as you mentioned,

Quote:
Can you pretty much include anything in your Separation Agreement.?
As far as I know it's an open forum between parties.!
Yes and no.

see the applicable law to same

http://www.e-laws.gov.on.ca/DBLaws/S...f03_e.htm#BK55

Family Law Act R.S.O 1990 c. F.3 section 54

Separation agreements

54. Two persons who cohabited and are living separate and apart may enter into an agreement in which they agree on their respective rights and obligations, including,

(a) ownership in or division of property;

(b) support obligations;

(c) the right to direct the education and moral training of their children;

(d) the right to custody of and access to their children; and

(e) any other matter in the settlement of their affairs. R.S.O. 1990, c. F.3, s. 54; 1999, c. 6, s. 25 (24); 2005, c. 5, s. 27 (27).

exclusions see section 56

56. (1) In the determination of a matter respecting the education, moral training or custody of or access to a child, the court may disregard any provision of a domestic contract pertaining to the matter where, in the opinion of the court, to do so is in the best interests of the child. R.S.O. 1990, c. F.3, s. 56 (1); 1997, c. 20, s. 10 (1).

Contracts subject to child support guidelines

(1.1) In the determination of a matter respecting the support of a child, the court may disregard any provision of a domestic contract or paternity agreement pertaining to the matter where the provision is unreasonable having regard to the child support guidelines, as well as to any other provision relating to support of the child in the contract or agreement. 1997, c. 20, s. 10 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1.1) is amended by the Statutes of Ontario, 2006, chapter 1, subsection 5 (8) by striking out “or paternity agreement” and “or agreement”. See: 2006, c. 1, ss. 5 (8), 6 (2).

Clauses requiring chastity

(2) A provision in a domestic contract to take effect on separation whereby any right of a party is dependent upon remaining chaste is unenforceable, but this subsection shall not be construed to affect a contingency upon marriage or cohabitation with another. R.S.O. 1990, c. F.3, s. 56 (2).

Idem

(3) A provision in a domestic contract made before the 1st day of March, 1986 whereby any right of a party is dependent upon remaining chaste shall be given effect as a contingency upon marriage or cohabitation with another. R.S.O. 1990, c. F.3, s. 56 (3).

Setting aside domestic contract

(4) A court may, on application, set aside a domestic contract or a provision in it,

(a) if a party failed to disclose to the other significant assets, or significant debts or other liabilities, existing when the domestic contract was made;

(b) if a party did not understand the nature or consequences of the domestic contract; or

(c) otherwise in accordance with the law of contract. R.S.O. 1990, c. F.3, s. 56 (4).

Barriers to remarriage

(5) The court may, on application, set aside all or part of a separation agreement or settlement, if the court is satisfied that the removal by one spouse of barriers that would prevent the other spouse’s remarriage within that spouse’s faith was a consideration in the making of the agreement or settlement. R.S.O. 1990, c. F.3, s. 56 (5).

Idem

(6) Subsection (5) also applies to consent orders, releases, notices of discontinuance and abandonment and other written or oral arrangements. R.S.O. 1990, c. F.3, s. 56 (6).

Application of subss. (4, 5, 6)

(7) Subsections (4), (5) and (6) apply despite any agreement to the contrary. R.S.O. 1990, c. F.3, s. 56 (7).

Quote:
I had a mutual understanding with my spouse that neither of us would lay stake to each other's CPP. Can I include that in the agreement or does the Law say otherwise.
CPP is a third party and cannot be bound to the terms of the separation agreement. As such any clause to that regard is worthless on paper.

see this Q and A on CPP credit division

http://www.sdc.gc.ca/asp/gateway.asp...t.shtml&hs=fyf

Question 9

""9. What if I gave up my rights to my former spouse's Canada Pension Plan credits in a spousal agreement?
Canada Pension Plan rules on spousal agreements changed on June 4, 1986.

Before June 4, 1986
If you signed an agreement before that date specifically giving up your right to split your Canada Pension Plan pension credits, then a credit split cannot be done. However, if it was a general agreement that did not mention Canada Pension Plan pension credits, you may still be entitled to some credits, if you were the lower income earner.

On or after June 4, 1986
If you signed an agreement on or after that date, even if it says you specifically gave up your right to split Canada Pension Plan pension credits, in most cases the Canada Pension Plan, as a third-party to the agreement, is not bound to its provisions and Canada Pension Plan can still split the pension credits.

There are exceptions: some provincial laws allow couples specifically to agree not to split Canada Pension Plan pension credits. Currently, this is the case in British Columbia, Alberta, Saskatchewan and Quebec. So if you signed such an agreement in one of those provinces, Canada Pension Plan might not be able to split the credits. For information contact Social Development Canada or, if you contributed to the Quebec Pension Plan, an office of La Régie des rentes du Québec.""

lv
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