Write your own separation agreement

Section 7: Conclusion

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All the clauses in this section are automatically included in your text file unless you click Don't include. If you change your mind, you can always click Include to add it again.

Your basic information

Type in the same short names for you, the other person, and your children that you used in the introductory clauses. They will then appear below in place of Party 1, Party 2, or Name.

Party 1:

Party 2:

Release

If you want to limit your claims against each other to what's included in this agreement, include clause 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 of us 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 clause states that the process you both followed to make this agreement was fair and that you both fully understand what's in the agreement. This clause is automatically included because it must be included in your agreement.

This agreement has been fairly negotiated and represents the intentions and expectations of Name and Name. Each of us acknowledges that we:

have read the entire agreement carefully
know and understand the contents of this agreement
are fully aware of the effect, purpose, and intent of this agreement
are signing this agreement voluntarily without any undue influence or coercion by the other person or anyone else

AND

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The following clauses set out whether you have each spoken to your own lawyer to make sure the agreement is fair and understandable.

Include two of the following four clauses: one for each of you.

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 either of you didn't share all the information you both needed to fully understand the rights and obligations involved. This clause must be included in your agreement.

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

Steps needed to make the agreement work

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

transferring property,
closing bank accounts,
paying debts, or
providing post-dated cheques.

Include all the clauses that apply.

For clauses 6 and 7, list the steps or tasks each of you 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 of us.

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Whole agreement

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If you decide that this agreement is the whole agreement, include the following clause. 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 us.

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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 person 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, include all the clauses that apply.

We will make our 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, include all the clauses that apply.

We will make our 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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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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Parenting coordinator

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Include this clause if you plan to use a parenting coordinator to resolve some or all disputes.

Name and Name will refer any dispute about parenting to a parenting coordinator.

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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.

Include clause 24 if you're going to have your signatures witnessed.

Party

Witness

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