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Common Law Separation Agreement Template for Canada

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Key Requirements PROMPT example:

Common Law Separation Agreement

"I need a Common Law Separation Agreement for my partner and me who are separating after 8 years together, with a focus on dividing our shared condo and investment accounts, to be finalized by March 2025."

Document background
A Common Law Separation Agreement is essential for unmarried couples in Canada who have lived together in a marriage-like relationship and are now separating. This document is particularly important because common law partners' rights vary significantly by province and are often less clearly defined than those of married couples. The agreement covers crucial aspects such as property division, support obligations, and child custody arrangements if applicable. It should be used when common law partners decide to separate and need to formalize their separation terms in a legally binding manner. The document takes into account provincial family law legislation and can help prevent future disputes by clearly outlining each party's rights and obligations. While not all provinces grant the same property rights to common law partners as married couples, this agreement helps ensure fair treatment and clear understanding between parties.
Suggested Sections

1. Parties: Identification and details of both parties to the agreement

2. Background: History of the relationship, including cohabitation dates and basis for separation

3. Definitions: Key terms used throughout the agreement

4. Separation and Living Arrangements: Confirmation of separation and future living arrangements

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

6. Division of Debts: Allocation of shared debts and financial obligations

7. Spousal Support: Terms of any spousal support arrangements, including amount, duration, and conditions

8. Release of Rights: Mutual release of future claims against each other's estate

9. Confidentiality: Terms regarding privacy and confidentiality of the agreement and relationship details

10. Dispute Resolution: Process for resolving future disagreements

11. Independent Legal Advice: Confirmation that both parties had opportunity for independent legal advice

12. Governing Law: Specification of applicable jurisdiction and laws

13. Execution: Signing and witnessing requirements

Optional Sections

1. Child Custody and Access: Required if the couple has children - details custody arrangements, visitation schedules, and decision-making responsibilities

2. Child Support: Required if the couple has children - outlines child support obligations and special expenses

3. Pets: Include if the couple has shared pets - details custody and care arrangements

4. Business Interests: Include if either party has business interests affected by the separation

5. Pension Division: Include if either party has pension benefits to be divided

6. International Assets: Include if the couple has assets in multiple jurisdictions

7. Tax Provisions: Include detailed tax arrangements if complex asset division or support payments

8. Insurance Policies: Include if there are life insurance or other policies to be addressed

9. Future Dispute Resolution: Optional detailed mediation/arbitration procedures

10. Social Media and Digital Assets: Include if there are concerns about social media conduct or digital asset division

Suggested Schedules

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

2. Schedule B - Debts and Liabilities: Detailed list of all debts and their allocation

3. Schedule C - Child Access Schedule: Detailed parenting schedule if applicable

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

5. Schedule E - Business Valuation: If applicable, business valuation reports and division details

6. Schedule F - Pension Valuation: If applicable, pension valuation and division details

7. Schedule G - Property Appraisals: Any professional appraisals of significant assets

8. Schedule H - Financial Statements: Current financial statements of both parties

9. Appendix 1 - Certificates of Independent Legal Advice: Signed certificates from each party's lawyer

10. Appendix 2 - Financial Disclosure: Sworn financial statements and supporting documents

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Family Law Attorney

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Paralegal

HR Manager

Benefits Coordinator

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