Separation Agreement

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This is an agreement between a husband and wife that want to separate and do not want to live together. This agreement sets forth the terms of the parties’ separation and addresses important issues, such as: the custody of the children, child support, spousal support, asset division, liabilities, and property division. This document contains numerous standard provisions that are commonly included in these types of agreements, and may be customized to fit the specific needs of the contracting parties. This document can be used by married couples that intend to separate in order to agree on the terms of the separation.

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									This is an agreement between a husband and wife that want to separate and do not
want to live together. This agreement sets forth the terms of the parties’ separation and
addresses important issues, such as: the custody of the children, child support, spousal
support, asset division, liabilities, and property division. This document contains
numerous standard provisions that are commonly included in these types of
agreements, and may be customized to fit the specific needs of the contracting parties.
This document can be used by married couples that intend to separate in order to agree
on the terms of the separation.
                           SEPARATION AGREEMENT


   THIS SEPARATION AGREEMENT (the “Agreement” made the___ day of _________,
                                ____.


BETWEEN:

                          __________________________________________

                              (referred to in this Agreement as the "Wife")

         of the City of __________________, in the Province/State of __________________


                          __________________________________________

                            (referred to in this Agreement as the "Husband")

         of the City of __________________, in the Province/State of __________________

DEFINITIONS

"Marriage" means two people who are legally married to each other.

"Separation" means that one of the parties has left to other and that the parties are living separate
and apart for the purpose of quitting the marriage.

"Child of the marriage" means a child of two spouses or former spouses who, at the time of the
Agreement, is under the age of majority in the applicable jurisdiction.

BACKGROUND

      The parties were married on the _____ day of ___________, ________, in the City of
_______________, in the Province/State of ____________________.

       The Wife and the Husband have agreed to live separate and apart and have lived separate
and apart since the ______ day of ___________, ____.
    The Wife and the Husband intend to continue to live separate and apart according to the
terms and conditions described in this agreement. Each shall be free from interference,
authority, and control by the other as if each were unmarried. In addition, the parties intend the
terms of this agreement to be:

    1. A final settlement of their respective rights to property.

    2. The assets and liabilities of the Wife and the Husband are accurately and completely
       described in this Agreement.


    3. Final settlement of custody, access, guardianship, and support of the child[ren] of the
       marriage.


    4. The parties understand that custody and child support issues in all provinces/states are
       governed by the applicable laws therein.

The Wife and the Husband have ______ [NUMBER] child[ren] of the marriage as follows:

Name of Child                                    Age                             Date of Birth




            This Agreement and everything contained in it shall continue to govern the
relationship between the Wife and the Husband and this Agreement shall survive the Wife’s and
the Husband’s divorce.

             The laws of the Province/State of ___________________ shall govern this
Agreement.

             This Agreement may be amended or varied by a court order of the applicable
jurisdiction, or by written agreement between the Wife and the Husband.

          This Agreement shall be deemed to be a domestic contract without the need to file in
a court of relevant jurisdiction, provided such court of relevant jurisdiction requires this
Agreement orders such.

CUSTODY AND ACCESS OF CHILDREN


       The Wife shall have sole/joint custody and the Wife shall have primary residency of the
following child[ren]:

Name of Child                                    Age                             Date of Birth


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The Husband shall have access to the above child[ren] on the following terms:
[ENTER TERMS OF ACCESS]

____________________________________________________________________
____________________________________________________________________
____________________________________________________________________

        The Husband shall have sole/joint custody and the Wife shall have primary residency of
the following child[ren]:

Name of Child                                    Age                            Date of Birth



The Wife shall have access to the above child[ren] on the following terms:
[ENTER TERMS OF ACCESS]

____________________________________________________________________
____________________________________________________________________
____________________________________________________________________

       Guardianship of the Children is the appointment of a third party to care for any non-adult
children in the event the Wife or the Husband dies or becomes incapacitated. The Wife and the
Husband hereby appoint guardians of the child[ren] named below and further agree as follows:

[ENTER NAME OF APPOINTED GUARDIAN AND ALTERNATIVE IF WISHED]

____________________________________________________________________
____________________________________________________________________
____________________________________________________________________

CHILD SUPPORT
(strike out what does not apply)

       In accordance with the child support guidelines of the applicable jurisdiction, the
Wife/Husband shall pay to the Wife/Husband for child support the sum of ________________
[AMOUNT IN WORDS] dollars ($__________ [AMOUNT IN NUMERALS]) weekly/bi-
weekly/monthly, commencing on the ____ day of ___________, _______, and shall continue to
be payable to the Wife/Husband until the child[ren] of the marriage reach the age of majority in
the applicable jurisdiction.

        The Wife/Husband shall pay to the Wife/Husband in respect of extraordinary expenses


                                              _______________
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       the
sum of ________________ [AMOUNT IN WORDS] dollars ($__________ [AMOUNT IN
NUMERALS]), to be paid to the Wife/Husband at the time the above-referenced child support is
payable.

        The Wife and the Husband shall provide to the other, a complete copy of his or her
income tax return and any copies of notices received from the relevant taxing authority, until
such time the child[ren] of the marriage are no longer under the age of majority in the applicable
jurisdiction.
SPOUSAL SUPPORT

The parties agree to the following.

[ENTER PARTICULARS OF SPOUSAL SUPPORT IF APPLICABLE. IF SPOUSAL
SUPPORT NOT APPLICABLE, DELETE THIS SECTION]

____________________________________________________________________
____________________________________________________________________
____________________________________________________________________

ASSETS AND LIABILITIES

Income Tax

       The Wife agrees that she has paid, or will pay when due all her income tax owing to the
relevant taxing authorities and that she will pay any and all outstanding taxes.

        The Husband agrees that he has paid, or will pay when due all his income tax owing to
the relevant taxing authorities and that he will pay any and all outstanding taxes.

Assets

The Wife shall hereafter own the following assets of the marriage:

Description                                                                    Value

____________________________________________________________________
____________________________________________________________________
____________________________________________________________________


The Husband shall hereafter own the following assets of the marriage:

Description                                                                    Value

____________________________________________________________________


                                              _______________
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____________________________________________________________________
____________________________________________________________________



Liabilities

The Wife shall be solely responsible and liable for the debts of the marriage, and shall indemnify
and saves harmless the Husband from any and all liability hereunder.



Description                                                                     Value

____________________________________________________________________
____________________________________________________________________
____________________________________________________________________

The Husband shall be solely responsible and liable for the debts of the marriage, and shall
indemnify and saves harmless the Wife from any and all liability hereunder.

Description                                                                     Value

____________________________________________________________________
____________________________________________________________________
____________________________________________________________________

Neither of the Wife or Husband shall pledge the credit of the other nor bind the other for debt.

MATRIMONIAL HOME

       The Wife and the Husband hold in joint tenancy the matrimonial home located at
_______________________ [ADDRESS/DESCRIPTION].

        Upon the execution of this Agreement the Wife/Husband shall obtain sufficient
        financing
from a banking institute of the relevant jurisdiction to discharge any obligation the
Wife/Husband may have in respect to the mortgage obligations over the matrimonial home. The
Wife/Husband will responsible for repairs and maintenance to the matrimonial home, pay the
mortgage, maintain all taxes, insurance, heat, water, and other charges, and keep the matrimonial
home fully insured and will indemnify the Wife/Husband from all liability relating to these
expenses.

or

          Upon the execution of this Agreement the Wife/Husband will transfer all of his/her


                                              _______________
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right, title and interest in the matrimonial home property to the Wife/Husband. Any and all costs
and attorney fees for the preparation of documentation for the transfer of title to the matrimonial
property shall be the joint responsibility of the parties hereto.


or

         Upon the execution of this Agreement the Wife and the Husband shall list the
matrimonial property for sale with an accredit real estate agent. The Wife and the Husband shall
equally divide all proceeds received from the sale of the matrimonial home, less the payout of
any mortgage balance owing on the matrimonial property, any outstanding taxes owing on the
matrimonial property, real estate commissions and relevant attorney fees.




EQUALIZATION PAYMENT

         Upon the execution of this Agreement, the Wife/Husband shall pay to the
Wife/Husband, the sum of of ________________ [AMOUNT IN WORDS] dollars
($__________ [AMOUNT IN NUMERALS]), being fifty percent [50%] of the total amount of
all assets of the marriage in full and final satisfaction of any amounts owing to the
Wife/Husband, save and except for any child support or spousal support obligations.

Personal Property

          The contents of the matrimonial home have been divided between the parties or have
been purchased or the value set off against the value of other property by one or the parties to the
satisfaction of each of them.

Acceptance

The Wife and the Husband further acknowledge and agree that:

1.      Each party has had the opportunity of obtaining independent legal counsel.
2.      The facts contained herein are true and accurate.
3.      They each have general knowledge of the other's affairs, assets and liabilities.
4.      They each have acted in good faith and have made full disclosure of their financial
        circumstances to the other.
5.      They have each read and understood this agreement; they each sign this agreement as free
        agents, without any pressure, influence, or intimidation by anyone

         IN WITNESS WHEREOF the Wife and the Husband have executed this Agreement
on the ______ day of _______________, ______.



                                              _______________
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SIGNED, SEALED AND DELIVERED )
in the presence of:                   )
                                      )
                                      )
                                      )
Witness as to the Wife’s Signature    )              Wife
                                      )
                                      )
                                      )
                                      )
Witness as to the Husband’s Signature )              Husband




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