Pre Divorce Separation Agreement Template for Canada

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Key Requirements PROMPT example:

Pre Divorce Separation Agreement

"I need a Pre-Divorce Separation Agreement that focuses on the division of our family business and joint investment portfolio, while including arrangements for shared custody of our two children with a 50/50 parenting schedule starting March 2025."

Document background
The Pre-Divorce Separation Agreement is a crucial legal document used in Canadian family law when married couples decide to live separately but are not yet pursuing divorce proceedings. This agreement serves as a comprehensive roadmap for the separation period, detailing how the couple will handle their financial, personal, and parental responsibilities while living apart. It must comply with both federal legislation (such as the Divorce Act) and provincial/territorial family law requirements. The document typically includes detailed provisions for property division, support obligations, child custody arrangements, and other key aspects of the separation. While not mandatory, a Pre-Divorce Separation Agreement can significantly simplify future divorce proceedings and provide clarity and stability during the separation period. It's particularly valuable when couples want to establish clear, legally binding arrangements while taking time to consider whether to proceed with a divorce.
Suggested Sections

1. Parties: Identifies the separating spouses and their current contact details

2. Background: Details of the marriage/relationship, date of separation, and general intent of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Living Separate and Apart: Confirms the parties' intention to live separately and their rights to do so

5. Division of Property: Details how matrimonial property and assets will be divided

6. Division of Debts: Outlines the allocation of joint and individual debts

7. Matrimonial Home: Arrangements regarding the family home, including occupancy, sale, or transfer

8. Child Custody and Access: Parenting arrangements, decision-making responsibilities, and visitation schedules

9. Child Support: Child support obligations, including amounts, payment schedule, and special expenses

10. Spousal Support: Terms of spousal support, including amount, duration, and review conditions

11. Medical and Life Insurance: Arrangements for maintaining or changing insurance coverage

12. Dispute Resolution: Process for resolving future disputes

13. Tax Provisions: Handling of tax matters, including filing status and deductions

14. Future Divorce: Agreement regarding future divorce proceedings

15. General Provisions: Standard clauses including severability, entire agreement, and governing law

Optional Sections

1. Pet Custody: Arrangements for pet care and ownership when pets are involved

2. Business Interests: Division or management of shared business interests

3. Inheritance Rights: Waiver or preservation of inheritance rights

4. Education Expenses: Arrangements for children's future education expenses

5. Religious Upbringing: Agreements regarding children's religious education and observance

6. International Travel: Provisions for international travel with children

7. Social Media and Privacy: Agreements about social media posts and privacy

8. Future Asset Division: Treatment of assets acquired after separation

9. Retirement Accounts: Detailed division of retirement accounts and pensions

10. Cultural Practices: Arrangements for maintaining cultural practices for children

Suggested Schedules

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

2. Schedule B - Debts: Comprehensive list of all debts and liabilities

3. Schedule C - Children's Schedule: Detailed parenting schedule including holidays and special occasions

4. Schedule D - Support Calculations: Detailed calculations for child and spousal support

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

6. Schedule F - Insurance Policies: List of insurance policies and beneficiary arrangements

7. Schedule G - Household Contents: Detailed division of household contents and personal effects

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 - Property Valuations: Professional valuations of significant properties

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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Family Law

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Insurance

Banking

Professional Services

Alternative Dispute Resolution

Public Notary Services

Relevant Teams

Legal Operations

Family Law Practice

Document Review

Contract Administration

Dispute Resolution

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Client Services

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Risk Management

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Relevant Roles

Family Law Attorney

Legal Associate

Paralegal

Mediator

Family Court Judge

Legal Document Specialist

Family Law Clerk

Legal Assistant

Financial Advisor

Estate Planner

Divorce Coach

Family Counselor

Legal Document Reviewer

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Industries
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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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