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  • Miglin release

    Didn't find anything on the forum about Miglin. I'm aware of the source of Miglin v Miglan, but what exactly does a Miglin release entail? Does each party sign off on a separate document that states it's all done and agreed to and that no future changes can be made to SS? Or does a section in the Minutes of Settlement/Agreement document like the below cover it? "Respondent" and "Applicant" in place of the names and Paragraph 2 stating the retroactive date of SS termination.

    3. Spousal Support Release
    3.1 a) As a result of the Consent Orders filed with the Court and the terms of this Agreement, "Respondent" and "Applicant" are financially independent of each other and apart from the provisions contained in paragraph 2 herein, release his or her rights to spousal support from the other, now and forever.
    b) "Respondent" and "Applicant" intend this Agreement to be forever final and non- variable.
    c) For greater certainty, the parties acknowledge that:
    (i) they have negotiated multiple consent Orders and this Agreement in an unimpeachable fashion and that the terms of this Agreement respecting spousal support fully represent their intentions and expectations;
    (ii) they have had independent legal advice and all the disclosure they have requested and require to understand the nature and consequences of this Agreement, and to come to the conclusion, as they do, that the terms of this Agreement, including the release of all spousal support rights, subject to paragraph 2 herein; reflects an equitable sharing of the economic consequences of their relationship and its breakdown;
    (iii) the terms of this Agreement substantially comply with the overall objectives of the Divorce Act now and in the future;
    (iv) they require the courts to respect their autonomy to achieve certainty and finality in their lives;
    (v) the terms of this Agreement and, in particular, this release of spousal support, subject to paragraph 2 herein, reflect his and her own particular objectives and concerns, and are intended to be a final and certain settling of all spousal support issues between them. Among other considerations, they are also relying on this spousal support release, in particular, upon which to base their future lives.
    d) "Respondent" and "Applicant" specifically wish to be able to pursue their separate and independent lives, no matter what changes may occur. "Respondent" and "Applicant" specifically anticipate that one or both of them may lose their jobs, become ill and be unable to work, have additional child care responsibilities that will interfere with their ability to work, find their financial resources diminished or exhausted whether through their own fault or not, or be affected by general economic and family conditions changing over time. Changes in their circumstances may be catastrophic, unanticipated or beyond their imagination. Nevertheless, no change, no matter how extreme or consequential for either or both of them, will alter this agreement and their view that the terms of their filed consent orders and this Agreement reflect their intention to always be separate financially. "Respondent" and "Applicant" fully accept that no change whatsoever in either or both of their circumstances will entitle either of them to vary the spousal support provisions from the other, now and forever.
    e) In short, the parties expect the courts to enforce fully this spousal support release (subject to paragraph 2 herein) no matter what occurs in the future.

  • #2
    I'm not sure what you are looking for specifically, but a separation agreement might have a release like this:

    Husband and wife agree that, as required by the Supreme Court of Canada in Miglin v Miglin, this Agreement has been negotiated under unimpeachable conditions. For clarity, this means that neither party was or is subject to any circumstances of oppression, pressure, or other vulnerabilities.
    Ottawa Divorce

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    • #3
      Was wondering if it's a separate document to sign or if those clauses added to an agreement is enough?

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      • #4
        Or more to the point. Is having the statements in the agreement stating the above what the "Miglin release" is? ...as opposed to being a separate document.

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        • #5
          It would be part of the separation agreement - not a separate document.
          Ottawa Divorce

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          • #6
            Thanks, just the info I was looking for.

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            • #7
              Does the word "Miglin Style Release" has to be included in the Divorce Agreement or just the descriptions and clauses to describe about the Miglin Style is sufficient?

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              • #8
                Good question. Does the agreement even have to mention " as required by the Supreme Court of Canada in Miglin v Miglin, " or just the descriptions like in my original post?

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                • #9
                  No, you don't need to use those precise words or the word Miglin.


                  How is this issue arising in your cases?
                  Ottawa Divorce

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