Post Divorce Agreement Template for Canada

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Key Requirements PROMPT example:

Post Divorce Agreement

"I need a Post Divorce Agreement to formalize new custody arrangements for our two minor children and update spousal support payments starting March 2025, with specific provisions for summer holidays and international travel."

Document background
The Post Divorce Agreement serves as a crucial legal instrument in Canadian family law, designed to address and modify arrangements between divorced parties after their initial divorce decree. This document becomes necessary when former spouses need to update or modify their original divorce terms due to changed circumstances, new agreements, or the need to formalize informal arrangements. It encompasses various aspects such as support modifications, custody adjustments, property matters, and ongoing obligations, all while ensuring compliance with both federal and provincial legislation. The agreement must adhere to the Canadian Divorce Act and relevant provincial family law statutes, making it essential to have proper legal guidance during its preparation. It's particularly useful when circumstances have changed significantly since the original divorce, requiring formal documentation of new arrangements to ensure legal enforceability.
Suggested Sections

1. Parties: Identification of the former spouses and their current legal status

2. Background: Details of the marriage, divorce date, and reference to original divorce decree

3. Definitions: Definitions of key terms used throughout the agreement

4. Acknowledgments: Statements confirming the parties' understanding and voluntary entry into the agreement

5. Independent Legal Advice: Confirmation that both parties have received or had the opportunity to receive independent legal advice

6. Financial Disclosure: Statements regarding the exchange of financial information between parties

7. Release of Claims: Mutual release of future claims related to the marriage

8. Dispute Resolution: Process for resolving future disputes related to the agreement

9. Amendment and Modification: Procedures for making changes to the agreement

10. Governing Law: Specification of applicable Canadian provincial law

11. Severability: Provision ensuring remaining agreement remains valid if any part is found unenforceable

12. Entire Agreement: Confirmation that this document represents the complete agreement between parties

13. Execution: Signing requirements and effective date

Optional Sections

1. Child Custody and Access: Terms regarding ongoing custody arrangements, visitation schedules, and decision-making responsibilities - include if there are minor children

2. Child Support: Ongoing child support obligations and adjustment mechanisms - include if there are dependent children

3. Spousal Support: Terms of continuing spousal support payments - include if spousal support is part of the arrangement

4. Property Division Adjustments: Any outstanding property division matters not covered in the original divorce decree

5. Insurance Obligations: Requirements for maintaining life, health, or disability insurance - include if relevant to support obligations

6. Tax Provisions: Specific arrangements regarding tax treatment of payments and transfers

7. Education Expenses: Arrangements for children's education costs - include if applicable

8. Retirement Benefits: Division or treatment of retirement accounts and pension benefits

9. Business Interests: Arrangements regarding jointly owned businesses or business interests

10. Medical Expenses: Arrangements for ongoing medical expenses of children or former spouse

11. Relocation Provisions: Terms governing potential future relocations of either party

Suggested Schedules

1. Schedule A - Parenting Schedule: Detailed custody and visitation schedule including holidays and special occasions

2. Schedule B - Support Calculation: Detailed breakdown of support calculations and income information

3. Schedule C - Property Division: Detailed listing of any property division adjustments or transfers

4. Schedule D - Insurance Policies: List of insurance policies and their specific requirements

5. Schedule E - Education Plan: Detailed plan for children's education funding and responsibilities

6. Appendix 1 - Financial Statements: Current financial statements of both parties

7. Appendix 2 - Support Deduction Order: Details of support payment arrangements and mechanisms

8. Appendix 3 - Tax Calculations: Supporting tax calculations and implications

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
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Legal Services

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Compliance

Document Processing

Client Relations

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Risk Management

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Family Law Attorney

Legal Associate

Paralegal

Family Law Mediator

Divorce Financial Analyst

Family Court Judge

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