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Illustrative examples of what a finished separation agreement and parenting plan can look like once a lawyer prepares them, plus a sample disclosure organiser, with notes on what each section covers. FairWell helps you work out and organise these terms; your lawyer prepares the legal document and advises you. Names and numbers are not real.
SEPARATION AGREEMENT
Made as of the xx day of xxxxxxxxx, 20xx
BETWEEN xxxxxxxxxxxxxx ("xxxxx") and xxxxxxxxxxxxxx ("xxxxx")
1. Background
1.1 The parties were married on xxxxxxxxxxxx in xxxxxxxxxx. 1.2 The parties separated on xxxxxxxxxxxx and have lived separate and apart since that date. 1.3 There are two children of the marriage: xxxxxxxxxx, born xxxxxxxxxx, and xxxxxxxxxx, born xxxxxxxxxx.
2. Financial disclosure
2.1 Each party has made complete and honest disclosure of income, assets and debts, attached as Schedules A and B. 2.2 Each party acknowledges that this Agreement is made in reliance on that disclosure and that failure to disclose a significant asset or debt is a ground for setting aside this Agreement.
3. Division of property
3.1 The parties own the property at xxxxxxxxxxxxxxxxxxxxxx jointly. 3.2 xxxxxx will retain the property and will pay xxxxxx the sum of $xxxxxxx within 90 days, and will refinance the mortgage into xxxxxx's sole name within the same period, failing which the property will be listed for sale. 3.3 Each party will retain the registered accounts in their own name, subject to the transfer in 3.4. 3.4 xxxxxx will transfer $xxxxxx from xxxxxx's RRSP to xxxxxx's RRSP by way of spousal rollover.
4. Child support
4.1 The parties share parenting time substantially equally. 4.2 xxxxxx will pay child support of $xxxxx per month, being the set-off of the parties' Guidelines table amounts at incomes of $xxxxxxx and $xxxxxxx. 4.3 The parties will exchange income tax returns by June 1 each year and recalculate child support effective July 1. 4.4 Section 7 expenses will be shared in proportion to income, currently 53% and 47%, with pre-approval for any expense over $250.
5. Spousal support
5.1 The parties acknowledge that at the incomes set out in Schedule A, and having regard to the Spousal Support Advisory Guidelines, neither party has an entitlement to spousal support, and each releases any claim to spousal support against the other.
6. Life insurance
6.1 xxxxxx will maintain life insurance of not less than $xxxxxxx naming xxxxxx in trust for the children as irrevocable beneficiary, and will provide proof of coverage each January 31. 6.2 The child support obligations bind xxxxxx's estate.
7. Dispute resolution
7.1 If a dispute arises under this Agreement the parties will first meet to resolve it, then mediate with a mediator agreed between them, before either commences a court proceeding, except in an emergency.
8. Independent legal advice
8.1 Each party has received independent legal advice, as certified in the certificates attached, and signs this Agreement voluntarily.
SIGNED in the presence of:
____________________ ____________________
Witness xxxxxxxxxxxxxx
What to notice
Examples are illustrative and based on Ontario. They are not legal advice or templates to sign. FairWell does not draft legal documents: a lawyer or mediator where you live prepares the agreement and advises you.