Post Divorce Settlement Agreement Template for Canada

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Post Divorce Settlement Agreement

"Need a Post Divorce Settlement Agreement for Canadian jurisdiction (Ontario) to be finalized by March 2025, involving division of family business assets valued at $2.5M and pension rights, with no children involved."

Document background
The Post Divorce Settlement Agreement is utilized after a divorce has been granted in Canada to establish clear, legally binding terms for the ongoing relationship between former spouses. This document becomes necessary when divorced parties need to formalize arrangements regarding property division, support obligations, or modify existing divorce terms. It encompasses crucial elements such as asset distribution, spousal support, child custody and support (if applicable), tax considerations, and future dispute resolution mechanisms. The agreement must comply with both federal legislation (particularly the Divorce Act) and provincial family law requirements. It's especially important when circumstances have changed since the original divorce decree or when parties have reached new understandings about their post-divorce arrangements. This type of agreement helps prevent future disputes by clearly documenting all agreed-upon terms and conditions.
Suggested Sections

1. Parties: Identification of the former spouses and their current contact information

2. Background: Brief history including marriage date, separation date, divorce date, and reference to previous agreements or court orders

3. Definitions: Key terms used throughout the agreement

4. Purpose and Intent: Statement of the parties' intention to finally settle all matters arising from their marriage and divorce

5. Release and Discharge: Mutual release of claims except as provided in the agreement

6. Financial Disclosure: Acknowledgment of full financial disclosure between parties

7. Division of Property: Detailed arrangement for division of all marital assets and debts

8. Spousal Support: Terms of any ongoing spousal support or waiver thereof

9. Tax Provisions: Handling of tax matters, including filing status and dependency claims

10. Future Dispute Resolution: Process for resolving any future disputes regarding the agreement

11. Amendment and Modification: Process for making changes to the agreement

12. Governing Law: Specification of applicable Canadian province and laws

13. Severability: Provision ensuring remainder of agreement stays valid if any part is found unenforceable

14. Execution: Signing requirements and effective date

Optional Sections

1. Child Custody and Access: Required if there are minor children - details of custody arrangement, visitation schedules, and decision-making responsibilities

2. Child Support: Required if there are minor children - details of support payments, special expenses, and review procedures

3. Education Expenses: Used when there are agreements about children's future education costs

4. Life Insurance: Used when parties agree to maintain life insurance policies for benefit of children or former spouse

5. Business Interests: Required if there are shared business interests to be divided or managed

6. Pension and Retirement: Used when pension or retirement accounts need to be divided

7. International Aspects: Required if either party lives or plans to live in different countries

8. Pets: Used when arrangements need to be made for family pets

9. Medical and Health Insurance: Used when ongoing medical coverage needs to be addressed

10. Estate Rights: Used when parties wish to address inheritance rights and estate planning

Suggested Schedules

1. Schedule A - Asset Division: Detailed list of all assets and their agreed division

2. Schedule B - Debt Division: Detailed list of all debts and their agreed division

3. Schedule C - Parenting Schedule: Detailed calendar of parenting time and special occasions

4. Schedule D - Support Calculations: Detailed calculations of child and/or spousal support

5. Schedule E - Property Appraisals: Professional appraisals of significant assets

6. Schedule F - Business Valuations: Valuations of any business interests

7. Schedule G - Pension Valuations: Details of pension valuations and division

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

9. Appendix 2 - Tax Returns: Recent tax returns of both parties

10. Appendix 3 - Insurance Policies: Details of relevant insurance policies

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

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