Sample: Ontario Separation Agreement

1. The parties were married on Date Redacted in the Province of Ontario.

2. The parties separated on or about Date Redacted and have lived separate and apart since that date without cohabitation.

3. There are REDACTED children of the marriage, namely: Child 1, Date of Birth Redacted and Child 2, Date of Birth Redacted.

4. The parties wish to resolve all outstanding issues arising from their marriage and separation on the terms set out in this Agreement.

5. The parties acknowledge that each has had the opportunity to obtain independent legal advice with respect to this Agreement and its terms, and that each has either obtained such advice or has knowingly waived their right to do so, and that each understands the nature and consequences of this Agreement.

6. This Agreement shall be deemed to have been made in the Province of Ontario and the parties expressly agree that the terms hereof shall be interpreted and construed in accordance with the applicable laws of the Province of Ontario and the laws of Canada.

1.1 The parties agree that either party may commence divorce proceedings at any time following the expiry of one year of separation, or on any other ground established under the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.).

1.2 Neither party shall be responsible for the other party's legal costs in the divorce proceeding, absent agreement to the contrary in writing executed by both parties. Each party shall bear their own costs at all stages of the proceeding and no order as to costs shall be sought.

1.3 Upon the granting of a divorce order, the parties agree that neither party shall object to or oppose the divorce application, provided that the application is consistent with the terms of this Agreement and any existing court orders. The parties shall cooperate in the divorce process and provide all necessary documentation without unreasonable delay.

2.1 The parties shall have joint decision-making responsibility for all major decisions affecting the children's health, education, religious upbringing, and extracurricular activities. The parties agree to consult in good faith and make best efforts to reach consensus.

2.2 The regular parenting schedule shall follow a 2-2-3 rotating schedule as set out in Schedule A attached hereto (Parenting Plan). The schedule shall be reviewed annually or as the children's needs change, and shall be varied only by written agreement of both parties or by order of the Court.

2.3 The parties agree that the children's primary residence shall alternate weekly as described in Schedule A. Both parties shall be designated as having "parenting time" within the meaning of the Divorce Act. Neither party shall denigrate or speak negatively about the other party in the children's presence.

2.4 The parties agree to use Parenting Coordination Service Redacted for dispute resolution of parenting matters before resorting to litigation. Costs shall be shared equally unless otherwise ordered.

3.1 Party A's annual income for the purposes of the Federal Child Support Guidelines is $XXX,XXX. Party B's annual income is $XXX,XXX.

3.2 In light of the substantially equal time-sharing arrangement set out in Schedule A, the parties agree that base table child support shall be calculated on a set-off basis. The higher-earning party shall pay the net set-off amount of $X,XXX per month, payable on the first of each month commencing on the first day of the month following execution of this Agreement.

3.3 Section 7 Expenses. Extraordinary expenses as defined under s.7 of the Guidelines, including childcare, medical, dental, orthodontic, psychological services, and extracurricular costs shall be shared proportionally to the parties' incomes, as those incomes are determined from time to time upon annual exchange of tax returns and Notices of Assessment.

3.4 The parties shall exchange income disclosure annually, no later than May 31st of each year, for the purpose of adjusting child support obligations. The first exchange shall occur on Date Redacted. If a party fails to disclose income by May 31st, the other party may bring a motion to impute income or compel disclosure.

3.5 Child support shall continue in accordance with the applicable provisions of the Divorce Act and the Federal Child Support Guidelines. Support shall continue for each child who remains a "child of the marriage" within the meaning of the Divorce Act, including adult children enrolled in full-time education and who have not withdrawn from parental charge.

4.1 Each party shall maintain life insurance with a death benefit equal to a minimum of 2× annual salary, naming the children as irrevocable beneficiaries through any life insurance policy, for so long as a child support obligation exists.

4.2 Each party shall provide the other with written confirmation of coverage annually and shall provide immediate notice of any lapse or cancellation of coverage. Failure to maintain required coverage shall constitute a material breach of this Agreement and the non-defaulting party may seek specific performance or damages in addition to any other available remedy.

4.3 The insurance policies listed in Schedule C attached hereto shall be dealt with as set out therein. The parties agree that the disposition of each policy, including designations, surrenders, and cash value distributions, has been determined as set out in Schedule C, and that both parties shall execute all necessary documentation to give effect to the agreed disposition within 30 days of execution of this Agreement.

4.4 In the event that either party fails to maintain the required life insurance coverage and dies, leaving outstanding child support obligations unpaid, such obligations shall constitute a first charge on the deceased party's estate, to the extent the insurance shortfall would otherwise have satisfied those obligations.

5.1 The parties agree that spousal support shall be nil, that neither party shall pay spousal support to the other, and that this agreement constitutes a full and final release of any claim for spousal support by either party.

5.2 The parties acknowledge that they have considered the applicable principles established in Miglin v. Miglin and confirm that this is a fair and reasonable outcome in light of the circumstances including the length of the marriage, the parties' respective incomes, each party's earning capacity, and each party's ability to achieve financial self-sufficiency within a reasonable period of time.

5.3 This release shall be final and shall survive any material change in circumstances, save and except for an exceptional and radical change unforeseen at the time of execution that renders enforcement unconscionable. Each party confirms that this release is made with full knowledge and understanding of the Spousal Support Advisory Guidelines.

5.4 The parties further acknowledge and confirm that each is currently employed, that neither party is or has been in a position of economic dependency by reason of the roles adopted during the marriage, and that the economic consequences of the marriage and its breakdown have been fully addressed by the equalization payment set out in section 6 of this Agreement. The parties confirm no compensatory basis for spousal support exists on the facts known to them as of the date of execution.

6.1 The parties agree to a full and final equalization of net family property pursuant to Part I of the Family Law Act, R.S.O. 1990, c. F.3.

6.2 The matrimonial home located at Address Redacted (the "Home") has an agreed current market value of REDACTED. The outstanding mortgage balance as of the date of this Agreement is REDACTED.

6.3 Party A shall assume full ownership of the Home. Party B shall transfer all right, title, and interest in the Home to Party A within XX days of execution of this Agreement. Party A shall assume sole responsibility for the mortgage, taxes, and all carrying costs from the date of transfer. Party B shall cooperate and execute all documents necessary to facilitate the transfer.

6.4 In consideration of the transfer described in s.6.3, Party A shall pay to Party B an equalization payment of AMOUNT REDACTED on or before Date Redacted. This payment represents the agreed equalization of net family property and constitutes a full and final settlement of all property claims between the parties. Time is of the essence with respect to this payment obligation.

6.5 The parties confirm that they have each completed a sworn Financial Statement (Form 13.1) and have fully and candidly disclosed all assets and liabilities as of both the date of marriage and the valuation date. Each party waives any further financial disclosure obligations save as expressly required under this Agreement.

6.6 The division of household items and personal property shall be as set out in Schedule B attached hereto, which the parties confirm has already been completed to their mutual satisfaction. No further claims with respect to household contents or personal property shall survive execution of this Agreement.

7.1 Bank Accounts. Each party shall retain sole ownership of all bank accounts held in their individual name. All joint accounts shall be closed within XX days of execution. Any balance remaining in joint accounts shall be divided equally.

7.2 Vehicles. Each party shall retain the vehicle currently in their possession. Each party is solely responsible for all debt, insurance, registration, maintenance, and ongoing costs associated with their respective vehicle. Vehicles are included at agreed values in the net family property equalization calculation and no further division is required.

7.3 Pension and RRSP. All pension entitlements and RRSP/RRIF balances are included in the equalization calculation set out in Schedule B and have been fully addressed through the payment in s.6.4. No further division is required. Each party shall retain the pension and RRSP accounts held in their individual name. Neither party shall have any claim against the other party's pension or registered savings.

7.4 Debts. Each party shall be solely responsible for all debts and liabilities incurred in their individual name, whether before or after the date of separation. Each party shall indemnify and save harmless the other from any claim, demand, loss, or proceeding arising from their individual debts. Joint debts have been allocated between the parties as set out in Schedule B.

7.5 Tax Returns and Refunds. Each party shall be solely entitled to any income tax refund payable to them personally and shall be solely responsible for any income tax liability assessed against them personally. Neither party shall file a joint income tax return for any year following the year of separation without the written consent of the other party.

7.6 Business Interests. Any interest held by either party in a business, corporation, partnership, or trust is included in that party's net family property statement at the agreed value set out in Schedule B. Each party confirms they have made full disclosure of any business interest and that no further claim to the other party's business assets exists.

8.1 Each party shall bear their own costs of this proceeding and the negotiation of this Agreement. No order as to costs is sought by either party.

8.2 Notwithstanding section 8.1, if either party defaults in the performance of any obligation under this Agreement and the other party is required to bring proceedings to enforce compliance, the defaulting party shall be responsible for all reasonable legal costs incurred by the other party in connection with such enforcement proceedings, on a full indemnity basis.

The parties shall follow a 2-2-3 rotating parenting schedule as set out herein, with transitions occurring at school drop-off or at XX:XX on non-school days.

Statutory holidays and school holidays shall follow the alternating schedule set out below, which takes precedence over the regular 2-2-3 rotation in the event of any conflict.

March Break shall be divided equally between the parties on an alternating year basis commencing in Year Redacted.

Each party shall be entitled to X consecutive weeks of uninterrupted summer parenting time, to be designated by written notice no later than April 30th of each year.

The parties agree to support all existing extracurricular commitments regardless of which party has parenting time. Neither party shall schedule activities during the other party's parenting time without prior written consent.

Each party may travel domestically with the children during their parenting time upon 14 days' written notice. International travel requires written consent of both parties or court order.

Each parent shall have reasonable telephone and video access to the children during the other parent's parenting time, at mutually agreeable times that do not interfere with the children's routines.

Both parties shall be listed on all school, medical, and extracurricular records as having full access to information concerning the children.

The family pet(s) shall reside primarily with Party Redacted and shall accompany the children during their parenting time as agreed.

Any disputes arising under this Schedule shall first be referred to a parenting coordinator before either party may bring an application to the Court.

The following kitchen items have been allocated as agreed:

Furniture, art, and decor items in the living and dining areas allocated as follows:

Bedroom furniture, linens, and personal effects have been allocated as follows. Children's bedroom contents shall follow the children.

Electronic equipment and devices allocated to each party at agreed values used in the net family property calculation:

Tools, lawn equipment, and garage contents allocated as follows:

Each vehicle has been valued at agreed fair market value and included in the equalization calculation as follows:

The following items of art, collectibles, and items of sentimental value have been agreed between the parties:

Term life insurance policies held by each party and their agreed disposition (retain, designate, or surrender):

Permanent life insurance policies with cash surrender value included in net family property:

Registered savings accounts included in the equalization calculation at agreed values as of the valuation date:

Each party shall maintain their own employer group benefits plan. The children shall remain covered under both plans until the earlier of plan termination or age of independence.

Tax-Free Savings Accounts and non-registered investment accounts have been valued and included in the equalization calculation as follows:

9.1 Full and Final Settlement. The terms of this Agreement constitute a full and final settlement of all claims and issues between the parties arising from their marriage and separation, save and except as expressly provided herein.

9.2 Independent Legal Advice. Each party acknowledges that they have received or have had the opportunity to receive independent legal advice prior to signing this Agreement and understand its nature and consequences. Each party confirms that they are signing this Agreement voluntarily, without duress, undue influence, or misrepresentation, and with full understanding of the terms.

9.3 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Any dispute arising under this Agreement shall be subject to the jurisdiction of the Ontario Superior Court of Justice (Family Division).

9.4 Severability. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by the parties with a valid provision that most closely reflects the intent of the original.

9.5 Entire Agreement. This Agreement, including all Schedules, constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes all prior negotiations, representations, and agreements, whether oral or written.

9.6 Amendment. This Agreement may not be amended or modified except by written agreement signed by both parties in the presence of a witness. No oral amendments to this Agreement shall be binding on either party.

9.7 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and shall not constitute a waiver of any other provision or of the same provision on any subsequent occasion.

9.8 Counterparts and Electronic Execution. This Agreement may be executed in counterparts, each of which shall be deemed an original. Electronic signatures shall be as valid and binding as original signatures for all purposes.