Canada Separation Agreement by Megadox

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Have you and your spouse decided to separate? Put the terms of the separation in writing with this Separation Agreement for Canada.
- The Agreement provides for custody of and access to the children of the marriage (if any), and the amount of spousal support and child maintenance to be paid by one spouse to the other (if any).
- Joint debts will be paid by both parties, and debts owed by one of the individuals will be paid solely by the person owing the debt.
- The parties will agree on how property jointly owned by both spouses will be divided. Property owned by only one person will belong to that person.
- There is a section dealing with the disposition of the matrimonial home, which must be agreed on by both parties.
- Each spouse must list his or her assets and liabilities.
- The form includes an Affidavit of Execution form (to be sworn by a witness), a Certificate of Independent Legal Advice or an Acknowledgement and Waiver of Independent Legal Advice (whichever is appropriate).
This Canada Separation Agreement template is provided in MS Word format, and is fully editable to suit your needs.

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									                               SEPARATION AGREEMENT

____________________ [insert name of husband], of __________________________________ [address of
husband], referred to as “Husband” and ____________________ [insert name of wife], of
_____________________________________ [address of wife], referred to as “Wife”, hereby agree as follows:

RECITALS:

A.     The parties were lawfully married on the _____ day of ______________, _______ at _____________
       [place of marriage].

B.     The parties have children born of this marriage who are as follows:

       Name                                       Age             Date of Birth




C.     Troubles have occurred between the parties, and they have agreed to live separate and apart
       from one another, and have lived apart since the _____ day of ______________, _______, and
       intend to continue to live separate and apart according to the terms and conditions set out in this
       Agreement.

D.     The parties’ respective assets and liabilities are fully and accurately set out in Schedule “A”
       attached hereto and made a part of this Agreement.

E.     The parties hereto intend this Agreement to be a final settlement of (i) their respective rights in
       and to property owned jointly and/or separately by them, and (ii) all issues of custody, access,
       guardianship and spousal support.


          NOW THEREFORE HUSBAND AND WIFE AGREE AS FOLLOWS:

CUSTODY OF AND ACCESS TO CHILDREN

[If the children will live primarily with one custodial parent, use the following paragraph:]
1.        The children of the marriage shall continue to reside with [pick appropriate option: Husband /
Wife], and [Wife / Husband] will be allowed reasonable and liberal access to the children, on the
following terms:

       (a)         [set out the terms for access by the non-custodial parent]




[If the parents will share custody of the parents, use the following paragraph:]
1.        Husband and Wife shall have joint custody of the children of the marriage, on the following
basis:
                                                       -2-



        [set out how the children will split their time between the two parents’ homes]




2.      Husband and Wife have joint guardianship of the children of the marriage.

3.      Husband or Wife agree that neither of them shall obstruct the development and maintenance of
love and affection between the children and the other parent. Neither parent will interfere with
reasonable and proper companionship with the other parent, including reasonable communication by
telephone, mail, email or other forms of verbal, written or electronic communication. Neither parent will
do or say anything that may estrange any child from the other parent.

SUPPORT

4.      [Husband / Wife] shall pay to [Wife/Husband], as spousal support, the sum of
_____________________ Dollars ($______________) per month. The monthly spousal support payments
will commence on __________ [insert date] and will continue each and every month thereafter for a period
of __________ year(s) or until [Husband / Wife] dies, remarries, or cohabits with another person in a
common-law relationship, whichever shall occur first.

5.       [Husband / Wife] shall pay to [Wife/Husband] the sum of _____________________ Dollars
($______________) per month (net of tax) for the maintenance and support of each of the infant children
of the marriage. The monthly child support and maintenance payments will commence on __________
[insert date] and will continue each and every month thereafter for so long as each child of the marriage is
under the age of eighteen (18) years of age, or, if a child is over 18 years, if such child is enrolled as a full-
time student in an educational institution.

6.     The monthly child support and maintenance payments set out in the foregoing paragraph are
based on [Husband’s / Wife’s] Guideline income of $___________________. The parties agree that if
[Husband’s / Wife’s] Guideline income should increase or decrease by more than _____%, the parties will
amend this Agreement to reflect a new monthly payment amount based on such income change.

7.       [Husband / Wife] shall maintain additional medical and dental insurance coverage for the
benefit of the children of the marriage.

8.      [Add additional provisions for any other amounts being paid for the benefit of the children.]

ASSUMPTION OF DEBTS

9.      Husband shall assume the following debts and shall not hold Wife responsible for the same:

        (a)      [describe each debt, to whom it is owed and the balance due at the date the agreement is
                 signed.]

10.     Wife shall assume the following debts and shall not hold Husband responsible for the same:

        (a)      [describe each debt, to whom it is owed and the balance due at the date the agreement is
                 signed.]
                                                      -3-


11.      Neither party shall incur any further debts which may result in joint liability. In the event that
either party incurs a debt on joint credit of the parties, that party shall be responsible for the total amount
of that debt and shall indemnify and save harmless the other party of and from any and all liability for
such debt.

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

TITLE TO ASSETS

13.      Assets jointly owned by the parties shall be divided as follows: [set out how the joint property will be
divided – assets include vehicles, household items, bank accounts, stocks / bonds, RRSPs, recreation and revenue
properties but NOT the matrimonial home.]

              Assets                         Approximate Value                To Be Divided or Disposed of




14.     Husband shall have exclusive title to the following assets:

                        Item                          Approximate Value




15.     Wife shall have exclusive title to the following assets:

                        Item                          Approximate Value




16.      If any debts are associated with the assets divided herein, the party receiving title to such asset
shall assume the debt and hold the other party harmless from such debt.

17.     Any jointly owned asset not specifically divided herein shall be subject to distribution at a later
time.

MATRIMONIAL HOME

18.     [Use this paragraph if one of the parties will be living in the home prior to it being sold.] [Husband /
Wife] shall have temporary rent-free possession of the matrimonial home owned by the parties located at
_________________________________ [insert address of home], until the parties mutually agree to sell the
home. If the parties cannot agree on when or upon what terms the home is to be sold, either of them may
apply to the Court for a determination of the matter. Upon the sale of the home, the balance of the sale
proceeds (less payout of the mortgage, broker’s commissions, realty taxes and other related costs) shall be
                                                       -4-


divided equally between Husband and Wife. If the sale proceeds are not sufficient to cover all such costs,
Husband and Wife shall each be responsible for paying half of the remaining costs.

[If one of the parties will be buying out the other’s interest in the home, use this paragraph instead.]
          By no later than __________ [insert date], [Husband / Wife] shall make arrangements to purchase
from [Husband / Wife] all interest, right and title in and to the matrimonial home owned by the parties
located at _________________________________ [insert address of home], subject to his/her qualifying for [a
new mortgage / an assumption of the existing mortgage], and upon the following terms:

              (a)       payment to [Husband / Wife] of the sum of $______________;

              (b)       [list any other terms applying to the purchase.

[If the home will be listed for sale right away, use this paragraph instead.]
          The matrimonial home owned by the parties located at _________________________________
[insert address of home] will be listed for sale within _______ days following execution of this Agreement,
for such price and upon such terms as the parties and the listing realtor agree are reasonable. Until the
sale of the home is completed, the parties shall continue to pay for all utility accounts, mortgage
payments, real estate taxes, insurance and other costs and expenses related to the home. Upon the sale of
the home, the balance of the sale proceeds (less payout of the mortgage, broker’s commissions, realty
taxes and other r
								
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