A Marriage Settlement Agreement is a crucial legal document used in Canadian family law practice when married spouses are separating or divorcing. This agreement serves to document the mutual understanding and arrangements between spouses regarding their property division, financial obligations, support arrangements, and other matters arising from their separation. It must be drafted in compliance with the federal Divorce Act and relevant provincial family law legislation, which varies by province. The document is typically prepared when parties have reached a settlement through negotiation, mediation, or collaborative law processes, and it can be used either as part of formal divorce proceedings or as a standalone agreement for separated spouses who are not yet pursuing divorce. It's essential that both parties receive independent legal advice before signing, and the agreement must meet specific formal requirements to be legally enforceable in Canadian courts.
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1. Parties: Identification of both spouses with full legal names and addresses
2. Background: Details of marriage date, separation date, and general context for the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Separation and Living Arrangements: Confirmation of separation and future living arrangements
5. Division of Property: General principles and specific arrangements for division of matrimonial property
6. Family Home: Disposition or ongoing arrangements regarding the matrimonial home
7. Debts and Liabilities: allocation of joint and individual debts and financial obligations
8. Spousal Support: Terms and conditions of spousal support, including amount, duration, and review conditions
9. Release and Indemnity: Mutual releases and indemnifications regarding future claims
10. Tax Matters: Arrangements for tax filings and allocation of tax liabilities/benefits
11. Future Dispute Resolution: Process for resolving future disputes including mediation/arbitration provisions
12. Independent Legal Advice: Confirmation that both parties received independent legal advice
13. General Provisions: Standard contractual terms including amendment process, severability, and governing law
14. Execution: Signature blocks and witnessing requirements
1. Child Custody and Access: Required if there are children - arrangements for custody, access, and decision-making responsibilities
2. Child Support: Required if there are children - details of child support payments and special expenses
3. Education Expenses: Used when specific arrangements for children's education costs need to be detailed
4. Life Insurance: Include when parties agree to maintain life insurance policies as security
5. Business Interests: Required when either party has business interests that need to be addressed
6. Inheritance and Gifts: Include when there are specific arrangements regarding inherited property or expected inheritances
7. Pets: Include when arrangements for pet custody and care need to be specified
8. Religious Obligations: Include when specific religious requirements need to be addressed
9. International Assets: Required when parties have assets in multiple jurisdictions
10. Disability Provisions: Include when either party has special needs or disabilities requiring specific arrangements
1. Schedule A - Assets and Liabilities: Detailed listing of all matrimonial assets and liabilities with agreed values
2. Schedule B - Division of Household Contents: Itemized list of household items and their allocation
3. Schedule C - Pension and Retirement Benefits: Details of pension division and retirement benefit arrangements
4. Schedule D - Business Valuations: Professional valuations of business interests (if applicable)
5. Schedule E - Real Estate Appraisals: Professional appraisals of real estate properties
6. Schedule F - Insurance Policies: List of insurance policies and beneficiary arrangements
7. Schedule G - Banking and Investment Accounts: Detailed listing of all financial accounts and their disposition
8. Appendix 1 - Parenting Schedule: Detailed schedule for child custody and access arrangements if applicable
9. Appendix 2 - Special Expenses Agreement: Detailed arrangement for sharing children's special expenses if applicable
10. Appendix 3 - Support Calculations: Detailed calculations for child and/or spousal support obligations
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