Uncontested Divorce Settlement Agreement Template for Canada

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Key Requirements PROMPT example:

Uncontested Divorce Settlement Agreement

"I need an Uncontested Divorce Settlement Agreement for a Canadian couple with two minor children, including shared custody arrangements and division of a family business, with the agreement to take effect March 1, 2025."

Document background
The Uncontested Divorce Settlement Agreement is utilized when married couples in Canada have decided to divorce amicably and have reached agreement on all aspects of their separation. This document is essential in jurisdictions across Canada, operating under both federal divorce law and provincial family law legislation. It should be prepared when both parties have fully disclosed their financial situations and have agreed on matters such as property division, support payments, and child custody (if applicable). The agreement serves as a prerequisite for obtaining an uncontested divorce order from the court, streamlining the divorce process and reducing legal costs. It must be drafted with careful attention to both federal requirements under the Divorce Act and provincial property and family law regulations. This document is particularly valuable as it helps prevent future disputes by clearly documenting all aspects of the settlement and can be referenced if any questions arise about the agreed-upon terms.
Suggested Sections

1. Parties: Identification of both spouses with their full legal names, addresses, and occupations

2. Background: Details of marriage date, separation date, and confirmation that both parties seek an uncontested divorce

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

4. Acknowledgments: Statements confirming independent legal advice, full financial disclosure, and voluntary participation

5. Separation and Divorce: Formal acknowledgment of separation and intention to divorce

6. Release of Rights: Mutual release of matrimonial rights except as specified in the agreement

7. Division of Property: Agreement on division of matrimonial home, household contents, vehicles, and other assets

8. Division of Debts: Agreement on responsibility for joint and individual debts

9. Spousal Support: Terms of spousal support, including amount, duration, and conditions for modification

10. Tax Matters: Agreement on tax filing for the year of separation and treatment of credits/deductions

11. Future Dispute Resolution: Process for resolving future disagreements about interpretation or implementation

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

13. Execution: Signature blocks with witness provisions and date

Optional Sections

1. Child Custody and Access: Required if the couple has children - details arrangements for decision-making responsibility and parenting time

2. Child Support: Required if the couple has children - specifies child support obligations per federal/provincial guidelines

3. Children's Special Expenses: Required if there are agreements about sharing children's extraordinary expenses

4. Life Insurance: Include if parties agree to maintain life insurance policies for benefit of children/former spouse

5. Business Interests: Required if either party owns a business - details division or buyout arrangements

6. Pets: Include if there are agreements about pet custody and care

7. Inheritance and Gifts: Include if there are specific agreements about inherited property or future inheritances

8. Retirement Accounts: Include if there are pension or retirement accounts to be divided

9. Medical and Health Insurance: Include if there are agreements about continued health coverage

Suggested Schedules

1. Schedule A - Assets: Detailed list of all matrimonial assets with agreed values and disposition

2. Schedule B - Debts: Detailed list of all matrimonial debts with agreed responsibility

3. Schedule C - Household Contents: Itemized list of household items and their agreed division

4. Schedule D - Parenting Schedule: Detailed calendar of parenting time and holiday arrangements if applicable

5. Schedule E - Support Calculations: Calculations of child and/or spousal support including income details

6. Schedule F - Property Valuations: Professional valuations of significant assets like real estate or businesses

7. Appendix 1 - Financial Statements: Sworn financial statements of both parties

8. Appendix 2 - Certificates of Independent Legal Advice: Signed certificates from each party's lawyer confirming independent advice

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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