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Divorce Decree Property Settlement Agreement Template for Canada

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Key Requirements PROMPT example:

Divorce Decree Property Settlement Agreement

"I need a Divorce Decree Property Settlement Agreement for a Canadian couple with significant international assets, including property in both Canada and the United States, plus a family business that needs to be divided, with the agreement to take effect March 1, 2025."

Document background
The Divorce Decree Property Settlement Agreement is a crucial legal document used in Canadian divorce proceedings when separating spouses need to formalize the division of their marital assets and obligations. This agreement is essential when parties have accumulated property, financial assets, or shared debts during their marriage that require formal division. It must comply with both the federal Divorce Act and provincial family law legislation, which can vary by province/territory. The document typically follows a property settlement negotiation process and may be required before a divorce can be finalized by the court. It covers all aspects of property division, including real estate, personal property, financial assets, retirement accounts, business interests, and debt allocation, while also addressing matters such as spousal support and tax implications. The agreement serves as a binding contract between the parties and can be enforced by courts across Canada.
Suggested Sections

1. Parties: Identification and details of both spouses entering into the agreement

2. Background: Marriage date, separation date, and relevant circumstances leading to the agreement

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

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

5. Division of Real Property: Details regarding the division of real estate, including the matrimonial home

6. Division of Personal Property: Agreement on division of vehicles, furniture, personal items, and household goods

7. Division of Financial Assets: Distribution of bank accounts, investments, and retirement accounts

8. Division of Debts: Allocation of joint and individual debts, including mortgages, loans, and credit cards

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

10. Tax Provisions: Agreement on tax filings, credits, and treatment of asset transfers

11. Release of Rights: Mutual release of future claims against each other's property

12. Dispute Resolution: Process for resolving future disputes regarding the agreement

13. Amendment and Modification: Procedures for modifying the agreement

14. Governing Law: Specification of applicable provincial/territorial law

15. Execution: Signature requirements and effective date

Optional Sections

1. Child Support and Custody: Include if there are dependent children - details of custody, access, and support obligations

2. Business Interests: Include if either party owns business interests - division of business assets and ongoing obligations

3. Intellectual Property: Include if there are patents, copyrights, or other IP to be divided

4. International Assets: Include if there are assets in multiple jurisdictions

5. Life Insurance: Include if maintaining life insurance policies is part of the agreement

6. Pets and Pet Care: Include if there are pets requiring custody or care arrangements

7. Future Inheritance: Include if there are expected inheritances to address

8. Education Expenses: Include if there are agreements about future education expenses

9. Healthcare Coverage: Include if ongoing health insurance coverage needs to be addressed

Suggested Schedules

1. Schedule A - Real Property: Detailed list of all real estate properties with legal descriptions and disposition

2. Schedule B - Personal Property Division: Itemized list of personal property allocated to each party

3. Schedule C - Financial Accounts: Complete list of all financial accounts and their division

4. Schedule D - Pension and Retirement Accounts: Details of retirement accounts and their division

5. Schedule E - Debts and Liabilities: Comprehensive list of all debts and responsibility allocation

6. Schedule F - Business Assets: Detailed valuation and division of business interests

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

8. Appendix 2 - Property Valuations: Professional valuations of significant assets

9. Appendix 3 - Tax Returns: Recent tax returns of both parties

10. Appendix 4 - Supporting Documents: Copies of relevant certificates, titles, and supporting documentation

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

Divorce Lawyer

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Paralegal

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