Document previews: sample separation agreement, parenting plan and disclosure

Sample

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

headEvery FairWell agreement uses the structure family lawyers and courts expect, so review is fast.

recitalsThe separation date is recorded here and both parties confirm it by signing, which ends any later argument about valuation dates and deadlines.

disclosureSworn-style disclosure schedules are attached. This is what protects the agreement from being reopened later.

propertyProperty terms are specific: amounts, deadlines and consequences, so nothing depends on goodwill later.

supportChild support follows the Guidelines and recalculates itself every year, which removes the most common reason people go back to court.

spousalReleases are drafted so they hold up. Where support is payable instead, the clause sets amount, duration, review triggers and the cohabitation and retirement provisions.

insuranceThe clause most agreements get wrong. Amount, beneficiary, proof and the estate fallback are all here.

signILA certificates and witnessed signatures make the agreement enforceable and, in most provinces, fileable with the court for support enforcement.

Sample

PARENTING PLAN

for xxxxxxxxxx and xxxxxxxxxx

1. Decision-making

1.1 The parents will make major decisions about the children's education, health and religion jointly. 1.2 If the parents cannot agree within 14 days, they will consult the children's paediatrician (health) or school principal (education) and, failing agreement, attend mediation before any court application.

2. Regular schedule

2.1 The children will alternate weeks between the parents' homes, exchanging on Mondays after school. 2.2 The parent who does not have the children that week will have dinner with them on Wednesday from 5:00 to 7:30 pm. 2.3 Exchanges will occur at school on school days and at the receiving parent's home otherwise.

3. Holidays

3.1 Winter break will be divided in halves, alternating the first half by year, with the first half in even years going to xxxxxx. 3.2 Summer: each parent will have two consecutive weeks, chosen by xxxxxx in even years by April 1. 3.3 A table of remaining holidays is attached as Schedule 1.

4. Communication

4.1 The parents will communicate about the children through xxxxxxxxxx and will respond within 24 hours to non-urgent messages. 4.2 The children may contact either parent by phone or video at reasonable times. 4.3 Neither parent will introduce a new partner to the children without first informing the other parent.

5. Relocation

5.1 Neither parent will relocate the children's residence in a way that materially affects the other parent's time without 60 days written notice and the other parent's written consent or a court order, and the parents will attend mediation before any court application.

6. Review

6.1 The parents will review this Plan when the younger child enters secondary school and otherwise every two years.

What to notice

decisionsJoint decisions with a defined tie-breaker path, so a disagreement has somewhere to go besides court.

scheduleSpecific days, times and locations. Vague schedules are the biggest source of post-agreement conflict.

holidaysEvery holiday is allocated in a schedule so nobody negotiates Thanksgiving in October.

communicationCommunication rules and a new-partner clause: small provisions that prevent large arguments.

relocationRelocation and review clauses mean the plan can change without a crisis.

Sample

FINANCIAL DISCLOSURE

xxxxxxxxxxxxxx · as at xxxxxxxxxxxx (separation date)

Part 1: Income

Employment income (Line 10100): $xxxxxxx
Self-employment income: $xxxxxx
Total income (Line 15000): $xxxxxxx
Adjustments for Guidelines income: add-back of vehicle expenses $xxxxx; grossed-up dividends $xxxxx. Guidelines income: $xxxxxxx

Part 2: Assets at valuation date

Matrimonial home (xxxxxxxxxxxxxxxxxxxx): $xxxxxxx (appraisal attached)
RRSP (xxxxxxxx): $xxxxxx
TFSA: $xxxxx
Pension (Family Law Value, statement attached): $xxxxxxx
Vehicle: $xxxxx
Bank accounts (3): $xxxxx
Total assets: $xxxxxxx

Part 3: Debts at valuation date

Mortgage: $xxxxxxx
Line of credit: $xxxxxx
Credit cards: $xxxxx
Total debts: $xxxxxxx

Part 4: Assets and debts at date of marriage

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Part 5: Excluded property

Inheritance received xxxxxxxxxx, $xxxxxx, held in xxxxxxxxxx (tracing statements attached)

Part 6: Net worth summary

Net family property (Ontario) / net family assets: $xxxxxxx

Part 7: Documents index

Tax returns 20xx to 20xx; bank statements; mortgage statement; appraisal; pension statement and family law value; RRSP and TFSA statements; credit card and line of credit statements; corporate financial statements.

What to notice

incomeIncome is shown both as reported and as adjusted for support purposes, which is the number that actually matters.

assetsEvery asset, with the supporting document referenced. This is the checklist lawyers send you before the first meeting, already done.

debtsDate-of-marriage values and excluded property are where Ontario equalization and BC excluded-property claims are won or lost.

summaryThe summary and document index turn a shoebox into a file a lawyer can work from in an hour.