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Relationship Separation Agreement Template for Canada

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Key Requirements PROMPT example:

Relationship Separation Agreement

"I need a Relationship Separation Agreement for a common-law couple in Ontario who have been living together for 8 years, jointly own a small business, and need to include arrangements for shared custody of their 2 children and division of their business assets."

Document background
The Relationship Separation Agreement is a vital legal document used in Canadian jurisdictions when romantic partners, either married or common-law, decide to formally separate. This document is essential for clearly establishing the terms of separation and preventing future disputes. It must comply with both federal legislation (such as the Divorce Act) and provincial family law statutes, making it crucial to adapt the agreement to the specific province or territory where it's being executed. The agreement comprehensively covers property division, financial obligations, support arrangements, and where applicable, child custody and access. It can be used either as a standalone document for common-law partners or as part of divorce proceedings for married couples. The document should be drafted with legal counsel's assistance to ensure enforceability and compliance with all relevant Canadian laws.
Suggested Sections

1. Parties: Identification of the separating parties, including full legal names, addresses, and occupations

2. Background: Details of the relationship, including date of cohabitation/marriage, date of separation, 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 methodology for dividing shared property and assets

6. Division of Debts: Allocation of joint and individual debts and liabilities

7. Spousal Support: Terms regarding spousal support payments, including amount, duration, and conditions

8. Tax Matters: Handling of tax issues, including filing status and allocation of tax benefits

9. Future Dealings: Agreement on how parties will interact and make decisions going forward

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

11. Mutual Releases: Mutual release of claims against each other except as provided in the agreement

12. General Provisions: Standard legal clauses including governing law, severability, and entire agreement

Optional Sections

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 there are agreements about future education costs for children

4. Life Insurance: Used when parties agree to maintain life insurance policies for benefit of children or former partner

5. Pet Custody: Used when arrangements need to be made for shared pets

6. Business Interests: Required when parties share business interests that need to be divided or managed

7. Inheritance Rights: Used when parties wish to address potential future inheritances

8. Religious Divorce: Required for couples needing religious divorce arrangements

9. International Travel: Used when arrangements for international travel with children need to be specified

10. Social Media and Privacy: Used when parties wish to establish guidelines about social media posts and privacy

Suggested Schedules

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

2. Schedule B - Debts: Detailed listing of all debts and their agreed allocation

3. Schedule C - Household Contents: Itemized list of household items and their division

4. Schedule D - Parenting Schedule: Detailed schedule for shared parenting time and responsibilities

5. Schedule E - Support Calculations: Detailed calculations for child and/or spousal support

6. Schedule F - Insurance Policies: List of insurance policies and beneficiary arrangements

7. Schedule G - Business Assets: Detailed listing of business assets and their division

8. Appendix 1 - Financial Statements: Financial disclosure statements from both parties

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

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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Paralegal

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