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Mediation Separation Agreement Template for Canada

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Key Requirements PROMPT example:

Mediation Separation Agreement

"I need a Mediation Separation Agreement for a couple with two minor children and shared business interests, including provisions for joint custody, division of their family business, and spousal support, with the separation to take effect from March 1, 2025."

Document background
The Mediation Separation Agreement is a crucial document in Canadian family law, used when separating couples choose to resolve their separation terms through mediation rather than traditional litigation. This agreement should be used when parties have reached mutual decisions about their separation through mediated sessions and need to formalize these arrangements in a legally binding document. The agreement typically includes comprehensive provisions covering property division, support obligations, parenting arrangements (if applicable), and other key aspects of the separation. It must comply with both federal legislation (such as the Divorce Act) and provincial family law requirements. The mediated nature of this agreement often results in more amicable and cost-effective resolutions compared to court-imposed decisions, while still maintaining legal enforceability. This document serves as a foundation for the parties' post-separation relationship and can be filed with the court for enforcement purposes if needed.
Suggested Sections

1. Parties: Identification of the separating spouses and their current contact information

2. Background: Details of the marriage/relationship, date of separation, and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Living Separate and Apart: Confirmation of separation and mutual agreement to live apart

5. Mutual Release and Discharge: General release of claims between parties

6. Division of Property: Distribution of family property, assets, and debts

7. Principal Residence: Arrangements regarding the family home

8. Spousal Support: Terms and conditions of spousal support payments

9. Tax Matters: Handling of tax issues, returns, and credits

10. Medical and Life Insurance: Arrangements for continued coverage or termination of insurance benefits

11. Dispute Resolution: Process for resolving future disputes

12. Independent Legal Advice: Acknowledgment of receiving independent legal advice

13. Governing Law: Specification of applicable jurisdiction and laws

14. General Provisions: Standard contractual clauses including amendments, severability, and entire agreement

Optional Sections

1. Child Custody and Access: Arrangements for children's care and parenting schedule - included when parties have children

2. Child Support: Details of child support payments and special expenses - included when parties have children

3. Post-Secondary Education: Arrangements for children's higher education costs - included when parties have children approaching college age

4. Business Interests: Division or management of jointly owned businesses - included when parties have shared business interests

5. Pets: Arrangements for pet custody and care - included when parties have pets

6. Inheritance Rights: Waiver of rights to inherit from each other - included when parties wish to address estate matters

7. Religious Divorce: Commitment to obtain religious divorce if applicable - included for couples requiring religious divorce

8. International Travel: Agreements regarding international travel with children - included when children and international family connections exist

9. Social Media and Privacy: Guidelines for social media posts and privacy - included when parties want to address digital conduct

Suggested Schedules

1. Schedule A - Assets and Liabilities: Detailed list of all assets and debts being divided

2. Schedule B - Parenting Schedule: Detailed calendar of parenting time and special occasions

3. Schedule C - Support Calculations: Detailed calculations of child and/or spousal support

4. Schedule D - Property Appraisals: Professional valuations of significant assets

5. Schedule E - Business Valuations: Professional valuations of business interests

6. Schedule F - Insurance Policies: List of all relevant insurance policies and beneficiary designations

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

8. Appendix 2 - Children's Special Expenses: Detailed list of children's special and extraordinary expenses

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

Relevant legal definitions








































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Relevant Industries

Legal Services

Family Law

Alternative Dispute Resolution

Social Services

Financial Services

Real Estate

Insurance

Education (regarding children's matters)

Healthcare (regarding benefits)

Relevant Teams

Legal

Family Law

Alternative Dispute Resolution

Document Processing

Court Administration

Social Services

Client Services

Compliance

Records Management

Relevant Roles

Family Law Mediator

Family Lawyer

Legal Assistant

Paralegal

Court Clerk

Family Court Judge

Legal Document Specialist

Alternative Dispute Resolution Specialist

Family Law Administrator

Legal Secretary

Commissioner for Oaths

Financial Advisor

Family Support Worker

Social Worker

Professional Valuator

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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A Canadian-law agreement establishing confidentiality obligations and protocols for parties involved in mediation proceedings.

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