Divorce & separation

How to write your own separation agreement

Section 7: Conclusion (Must include)

Your basic information

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In the text boxes for Party 1 and Party 2, enter the short names for you and the other party. These should be the same as the short names you entered in the Introductory clauses.

Once you've entered your names, they'll appear throughout the paragraphs below in place of Party 1, Party 2, or Name.

 

 

Release

If you want to limit each other's claims against each other to what's included in this agreement, include paragraph 1. This means that, unless it's specified in the agreement, you can't change the terms of your separation.

Except as otherwise provided in this agreement, each party gives up any claim against the other, to the other’s property, or to any right that may be claimed through the other.

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Acknowledgements

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This paragraph states that the process by which the parties made this agreement was fair and that they fully understand what's in the agreement. This paragraph is automatically included because it must be included in your agreement.

This agreement has been fairly negotiated and represents the intentions and expectations of the parties. Each of the parties acknowledges that they:

  • have read the entire agreement carefully
  • knows and understands the contents of this agreement
  • is fully aware of the effect, purpose, and intent of this agreement
  • is signing this agreement voluntarily without any undue influence or coercion by the other party or anyone else

AND

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The following paragraphs set out whether the parties have each spoken to their own lawyer to make sure the agreement is fair and understandable.

Tip: Remember that all the paragraphs below are automatically included in your text file unless you click Don't include. If you change your mind, you can always include the paragraph again by clicking Include.

Decide which paragraphs apply to your situation. Click Don't include for the paragraphs that don't apply. You should have two appropriate statements, one for each party.

Party 1 has received legal advice from their own lawyer.

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Party 2 has received legal advice from their own lawyer.

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Party 1 is aware that they are entitled to get legal advice from their own lawyer, but decided not to.

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Party 2 is aware that they are entitled to get legal advice from their own lawyer, but decided not to.

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Disclosure

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Full disclosure is critical to a fair agreement. The court can overturn an agreement if the parties didn't share all the information they both needed to fully understand the rights and obligations involved. This paragraph must be included in your agreement.

As required by the Family Law Act, the parties have provided full and true information to one another for the purpose of resolving their family law dispute. This includes, but is not limited to, information about their assets, debts, income, and prospects.

Steps needed to make the agreement work

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There are often steps each party needs to take to make the agreement work. For example:

  • transferring property,
  • closing bank accounts,
  • paying debts, or
  • providing post-dated cheques.
  1. Decide which paragraphs apply to your situation. Click Don't include for the ones that don't apply.
  2. For paragraphs 6 and 7, in the text boxes, list the steps or tasks each of the parties is responsible for.

We must take the following steps to make this agreement work:
Party 1 is responsible for the following:

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Party 2 is responsible for the following:

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Changing the agreement

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If you decide to change your agreement later, you'll have to draw up a new agreement that addresses the specific change you want to make. You should specify that changes to the agreement will be made in writing.

Any changes to this agreement must be made in writing and signed by both parties.

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Whole agreement

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If you decide that this agreement is the whole agreement, include the following paragraph. This means that you won't be including anything further in a separate agreement.

While negotiating this agreement, we explored a variety of ideas and tentative arrangements, but all of these are replaced by this agreement. This is the entire agreement between the parties.

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Dispute resolution

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It's helpful to have some clauses that address how you'll resolve any disputes that come up about how the agreement is supposed to work. This can include mediation, collaborative family law, a parenting coordinator, and arbitration. (Arbitration is when you and the other party hire someone to hear your case and make a decision.) For more information, see Staying out of court.

Mediation

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If you plan to use mediation to resolve some or all disputes, decide which of the paragraphs below apply to your situation. Click Don't include for the paragraphs that don't apply.

The parties will make their best efforts to resolve disputes arising from this agreement about the following matters through mediation before taking court proceedings:

parenting

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child support

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spousal support

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property

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debt

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other matters

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Collaborative family law

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If you plan to use collaborative family law to resolve some or all disputes, decide which of the paragraphs below apply to your situation. Click Don't include for the paragraphs that don't apply.

The parties will make their best efforts to resolve disputes arising from this agreement about the following matters through collaborative family law before taking court proceedings:

parenting

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Don't include

child support

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Don't include

spousal support

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property

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debt

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other matters

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Parenting coordinator

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If you plan to use a parenting coordinator to resolve some or all disputes, decide whether the paragraph below applies to your situation. Click Don't include if it doesn't apply.

The parties will refer any dispute about parenting to a parenting coordinator.

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Arbitration

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If you plan to use arbitration to resolve some or all disputes, decide whether the paragraph below applies to your situation. Click Don't include if it doesn't apply.

If the parties are not able to resolve their dispute through mediation/the collaborative family law process, the dispute will be determined by an arbitrator appointed by agreement between the parties.

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Signatures

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You both must sign the agreement. It's best to have someone witness your signatures, especially if the agreement deals with property.

  1. Decide whether you're going to have your signatures witnessed. If not, click Don't include for paragraph 24.
  2. Review all of the information you've included to make sure it's correct. Then:
    1. Click Open text version. A text copy of this section of the agreement will appear in a new browser window.
    2. Copy and paste the text into a word processor.
    3. Go through the section and number each paragraph/clause. Continue the numbering from where you left off with the previous section. Be sure to save your file.
Party
Party
Witness
Witness
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