Separation Agreement Template Ontario

THIS IS A SEPARATION AGREEMENT DATED

Between:

Jane Doe

(Jane)

-AND-

John Doe

(John)

1. Definitions

1.1 In this Agreement:

(a) “child” means _____________.

(b) “cohabit” means to live with another person in a relationship resembling

marriage;

(c) “CRA” means Canada Revenue Agency;

(d) “equalization payment” means the payment referred to in s. 5(1) of the Family

Law Act;

(e) “FRO” means the Family Responsibility Office described in the Family

Responsibility and Support Arrears Enforcement Act, or any successor support

enforcement agency;

(f) “Guidelines” means the Federal Child Support Guidelines, as defined in s. 2(1) of

the Divorce Act;

(g) “net family property” means net family property as defined in the Family Law

Act;

(h) “property” means property as defined in the Family Law Act; and

(i) “section 7 expenses” means the special or extraordinary expenses for the children

referred to in s.7 of the Guidelines.

2. Background

2.1 Jane and John were married on ____________.

2.2 Jane and John separated on _______________. They will continue living separate and

apart.

2.3 They have two children, _______________, born XXX (“XXX”), and

_______________, born XXX (“XXX”).

2.4 The parties’ education/employment information is as follows:

(a) Jane is currently self-employed at XXXX and earns an annual income of

approximately $___________.

(b) John is currently self-employed at XXXX and earns an annual income of

approximately $.

2.5 Jane and John each intend this Agreement to be:

(a) a settlement of decision-making responsibility, parenting time, contact, and

support with respect to XXXXXX

(b) a final settlement of spousal support;

(c) a final settlement of:

(i) their respective rights in or to the property of the other and the property

held by them jointly;

(ii) their respective rights in the estate of the other;

(iii) all issues otherwise arising out of their marriage.

2.6 The parties agree to be bound by this Agreement which settles all issues between them.

2.7 No application claiming relief under the Divorce Act, the Family Law Act or the

children’s Law Reform Act, has been commenced by either party in any court to resolve

any of the parties’ family law issues.

2.8 This Agreement replaces all oral or written agreements made between the parties.

2.9 All background statements of fact form part of this Agreement. Each of the parties

warrants that the background statements of fact are true and acknowledges that the other

party is relying on them.

3. Freedom From The Other

3.1 Jane and John will continue to respect each other and each other’s privacy.

4. Parenting

4.1 The party with whom the children _______________affecting the children during that time.

4.2 With respect to the decision-making responsibility for the children:

(a) Jane will solely _______________about the children’s:

(i) health, including _______________the emergency decision;

(ii) education;

(iii) culture, language, religion and spirituality; and

(iv) significant extra-curricular activities.

4.3 If a child needs emergency medical care _______________.

4.4 The parenting time with the children will be allocated as follows:

(a) The children _______________.

(b) John will have _______________Jane’s. Jane and John _______________be required from Jane.

(c) The parties will schedule parenting time _______________by Jane at her discretion.

4.5 Jane and John agree _______________childcare arrangements.

4.6 With respect to the parenting time schedule for the children set out above, Jane and John

further agree as follows:

(a) Both parties _______________at all times.

(b) The parenting time schedule will only be altered if both parties agree.

(c) The party _______________as a result of illness,employment responsibilities, etc.

(d) If the children _______________of the third party.

(e) Neither party will object _______________appropriately.

(f) Neither party will arrange _______________other party’s consent.

(g) Both parties _______________time schedule.

(h) If a child is sick, _______________child’s doctor.

(i) The children will be permitted to take _______________ without restriction.

(j) The children’s health cards _______________.

(k) Notwithstanding the above subparagraphs, the parties will at all times _______________be adhered to without exception.

4.7 Jane and John agree to:

(a) prefer the children’s interests to their own and at all times keep the best interests

of the children in mind;

(b) encourage the children to _______________with each party;

(c) refrain from making _______________of the children;

(d) exchange information _______________no more than once per day, except in the case of an emergency;

(e) share all documents regarding the children _______________ transport documents between them;

(f) refrain from discussing with the _______________ between the parties;

(g) ensure that all _______________ is not accessible to the children;

4.8 Jane and John may telephone and communicate by text _______________Jane or John whenever they wish.

4.9 With respect to the children’s education, the parties agree as follows:

(a) Both parties may attend all school functions regardless of the parenting time

schedule.

(b) The parties will attend parent-teacher meetings preferably together, but if that is

not practical, then individually.

(c) Each party will obtain their own school calendar and school notices.

4.10 Jane and John may make inquiries and be given information by the children’s teachers,

_______________intent of this paragraph.

4.11 If either party plans a vacation with the children, the travelling party will:

(a) _______________ including the name of any flight carrier and flight times, accommodation,

including address and telephone numbers, and details as to how to contact the

children during the trip;

(b) obtain a notarized travel authorization _______________notarized.

4.12 If either party plans a vacation _______________that party.

5. Child Support

5.1 In this section:

(a) “Table” and “income” mean “Table” and “income” as those terms are defined in s.

2(1) of the Child Support Guidelines (the “Guidelines”);

(b) “section 7 expenses” means “special or extraordinary expenses” as this phrase is

defined in s. 7(1) of the Guidelines;

(c) “child support” refers to the monthly amount upon which the parties have agreed

and may include both Table support and section 7 expenses.

5.2 For purposes of determining child support for the children, Jane’s annual income is

_____________ and John’s annual income is ____________.

5.3 The children live primarily with Jane. Accordingly, John will pay to Jane as child support

for the children:

(a) monthly table child support in the amount of $_________ on the first day of each

month; and;

(b) his share of the children’s section 7 expenses as set out in the section 7 expenses

paragraphs below;

_______________ or any other change in child support set out in the Agreement.

5.4 For apportioning of section 7 (special or extraordinary) expenses, John and Jane will each

contribute ____% towards the expenses.

5.5 The parties will only _______________”Dispute Resolution” to resolve this issue.

5.6 Child support terminates for the children when:

(a) A child ceases to be a “child of the marriage” as defined in the Divorce Act;

(b) A child no longer lives with the parties (“lives” includes the children living away

from home for school, summer employment or vacation);

(c) A child turns 18, unless she is unable to become self-supporting due to illness,

disability, education or other cause;

(d) A child becomes self-supporting;

(e) A child obtains one post-secondary degree or diploma;

(f) A child turns XX years of age; or

(g) A child marries.

5.7 If a child ceases to be a “child of the marriage” as defined in the Divorce Act because of

an interruption to schooling for any purpose, _______________as defined in the Divorce Act, and support will resume until an event terminating child support occurs.

5.8 When a child moves away from home to attend a post-secondary educational institution,

_______________ Agreement entitled “Dispute Resolution” to resolve the issue(s).

5.9 When a child moves away from home to attend a post-secondary educational institution:

(a) Jane will pay __% and John will pay __% of the net cost of the child’s post-

_______________children.

(b) If the tuition income tax credits for a child’s post-secondary educational institution

_______________income tax credit eligible to be transferred to a party.

(c) If Jane and John cannot agree on the appropriate post-secondary educational

section 7 expenses pursuant to this paragraph, they will use the section of this

Agreement entitled “Dispute Resolution” to resolve the issue.

5.10 Prior to determining each party’s obligation for the child’s post-secondary educational

section 7 expenses above, Jane and John shall first deduct _______________ Agreement entitled “Dispute Resolution” to resolve the issue.

5.11 The parties will adjust the Table amount of child support paid each calendar year based

on John’s actual income for that calendar year as follows:

(a) By no later than May 1st of each year, John shall provide a copy of John’s income

tax return, as filed, for the prior calendar year (the “applicable calendar year”) to

Jane.

(b) The parties will then determine John’s appropriate Table amount for the

applicable calendar year, in accordance with the Guidelines.

(c) If John has underpaid the Table amount for the applicable calendar year, _______________immediately.

(d) If John has overpaid the Table amount for the applicable calendar year, he may

deduct the overpayment _______________ equal

instalments.

(e) If the parties do not agree about the adjustment to be made, they will use the

section of this Agreement entitled “Dispute Resolution” to resolve the issue.

5.12

(a) Jane or John may seek a variation (ie. change) in child support if there is a

material change in the condition, means, needs or other circumstances of Jane,

John or the children that would affect child support.

(b) A material change in the condition, means, needs or other circumstances of Jane,

John or the children in subparagraph (a) above, may be foreseen or unforeseen,

foreseeable or unforeseeable, and may include:

(i) a material change in either party’s financial position;

(ii) a change causing undue hardship for either party or the children;

(iii) a change in the number of children entitled to receive support under this

Agreement;

(iv) a material change in the children’s section 7 expenses;

(v) a change in the children’s living arrangement (ie. parenting time with the

parties) that impacts the amount of child support under the Guidelines;

(vi) The children turning the age of majority; or

(vii) a change in the children’s need for support.

(c) Whoever seeks a change will give the other, in writing:

(i) notice of the proposed change;

(ii) evidence supporting the proposed change; and

(iii) any request for information necessary to determine the issue.

(d) If the parties cannot agree about any change, they will use the section of this

Agreement entitled “Dispute Resolution” to resolve the issue(s).

5.13 Jane may claim the following income tax benefits/credits/tax reductions for the children:

(a) Canada Child Benefit (including the Child Disability Benefit, if applicable), paid

out monthly;

(b) refundable children’s GST/HST credits, paid out quarterly;

(c) Ontario Child Benefit, paid out monthly;

(d) Ontario Trillium Benefit, paid out monthly;

(e) Ontario Tax Reduction for low-income families, if applicable;

(f) Ontario Climate Action Incentive; and

(g) Eligible Dependant Credit.

These benefits/credits/tax reductions will not affect the Table amount of child support in

this Agreement.

5.14 John will pay the child support directly to Jane and not to the Family Responsibility

Office. Neither party will file this Agreement with the Family Responsibility Office for

enforcement unless John defaults in payment, at which time Jane may file the Agreement

with the court and the Family Responsibility Office for enforcement.

6. Spousal Support Release

6.1

(a) As a result of the terms of this Agreement, Jane and John are financially

independent of each other and release his or her rights to spousal support from the

other, now and forever.

(b) Jane and John intend this Agreement to be forever final and non-variable.

(c) For greater certainty, the parties acknowledge that:

(i) they have negotiated this Agreement in an unimpeachable fashion and that

the terms of this Agreement fully represent their intentions and

expectations;

(ii) they have had the opportunity to seek independent legal advice and the

opportunity to _______________of their relationship and its breakdown;

(iii) the terms of this Agreement substantially comply with the overall

objectives of the Divorce Act now and in the future;

(iv) they require the courts to respect their autonomy to achieve certainty and

finality in their lives;

(v) the terms of this Agreement and, in particular, this release of spousal

support, reflect his and her own particular objectives and concerns, and are

_______________ future lives.

(d) Jane and John specifically wish to be able to pursue their separate and

independent lives, _______________ entitle either of them to

spousal support from the other, now and forever.

(e) In short, the parties expect the courts to enforce fully this spousal support release

no matter what occurs in the future.

Dispute Resolution

6.2 This Dispute Resolution section applies, as specified in the dispute resolution paragraphs

below, to disputes about or proposed changes to:

(a) reviewable terms of the Agreement;

(b) variable terms of the Agreement;

(c) the relocation of the parties and/or the children; and

(d) significant parenting issues.

6.3 If Jane and John have a dispute about or propose a change to a term outlined above, they

will first try to resolve the matter through negotiation, either between themselves or with

their respective counsel, on the following terms:

(a) The party disputing a term or seeking a change will give the other party, in

writing:

(i) notice of the disputed term/proposed change;

(ii) evidence supporting their position on the disputed term/proposed change;

and

(iii) any requests for information from the other necessary to determine the

issue.

(b) A request under subparagraph (a) above will be answered within 10 days.

(c) After exchanging any information required by this Agreement, Jane and John will

meet personally or through their personal representatives to resolve the issue. If

they come to an agreement, Jane and John will sign and date an amending

agreement before witnesses.

6.4 If Jane and John are unable to resolve a dispute/proposed _______________, either party

may bring an application to the court to resolve the dispute. Except in the case of an

emergency, the party making an application to the court will give the other party no less

than 30 days’ notice of the application.

7. Medical and Dental Benefits

7.1 In this section, “medical” means all mental and physical health needs, including

prescriptions, vision care, psychological counselling, dental and orthodontic costs,

chiropractic costs, speech therapy, occupational therapy, physiotherapy, homeopathy,

acupuncture and massage therapy.

7.2 John will pay ___ percent and Jane will pay ___ percent of ‘s medical expenses not

covered by either parent’s extended health insurance. A parent incurring non-emergency

child medical expenses will obtain the other’s consent in advance. Neither of us will

unreasonably withhold our consent. If we cannot agree, we will use the section of this

Agreement entitled “Dispute Resolution” to resolve the issue.

8. Equalization, Division of Property and Vehicles

8.1 John and Jane confirm that they have an in-depth knowledge of the other’s financial

circumstances during the marriage, as at the date of separation, and as at the effective

date of this Agreement. Each is satisfied with the financial information each has about the

other and each waives further financial disclosure.

8.2 As applicable, each party shall retain his or her own accounts, vehicles, investments,

registered retirement savings plans, stock, corporate interests, TFSAs, LIRAs,

employment pensions, real property, and personal property, free and clear of any property

claim by the other.

8.3 In terms of assets and accounts, the parties have agreed to allocate the accounts in

accordance with the following:

(a) Jane shall keep possession and ownership of the __________ vehicle. Upon

signing this Agreement, John releases any claims that he may towards this

vehicle.

(b) John will keep possession and ownership of the __________ vehicle. Upon

signing this Agreement, Jane releases any claims that she may towards this

vehicle.

9. Matrimonial Home

9.1 The parties have waived the requirement of any formal appraisal to determine the value

of the matrimonial home. The parties were specifically advised that a certified appraisal

should have been conducted to determine the approximate value of the matrimonial

home. Despite such advice, the parties waive the requirement for certified appraisals and

deem such disclosure irrelevant to this agreement.

9.2 The parties have agreed that the matrimonial home has a value of $XXXX

9.3 As of XXXX, the total mortgage remaining on the matrimonial home is approximately

$XXXX. At a valuation of $XXXX, the parties’ joint equity in the property is

approximately $XXXX.

9.4 John will transfer his share of the matrimonial home to Jane in exchange for $XXXX.

The parties will equally pay the cost of the preparation and registration of the transfer.

9.5 Jane will use her best efforts to immediately obtain a release of John’s mortgage

_______________mortgage. Jane

will pay any penalties resulting from this refinancing.

9.6 If any encumbrance is registered on title after the date of this Agreement but before the

transfer, the responsible party will immediately remove it and fully indemnify the other

from all liability relating to it.

9.7 Once the transfer of the matrimonial home has been completed, John releases all of his

rights in the matrimonial home under Part II of the Family Law Act.

10. Debts

10.1

(a) Jane and John have the following debts in their joint names:

(i) XXX

(ii) XXX

(iii) XXX

(b) If Jane or John becomes liable for a debt the other has assumed, the party who has

assumed the debt will fully indemnify the other.

(c) In addition to the joint debts, Jane shall be solely responsible for the sole debts

that are currently registered to her name. These debts include:

10.2 Upon signing this Agreement, each party indicates that they are fully satisfied with the

settlement of accounts and debts in this Agreement, and no further outstanding payments

are to be made by either party.

10.3 Neither Jane nor John will pledge the credit of the other or bind the other for any debts

either may incur after the signing of this Agreement. Jane and John acknowledge that

they have not pledged the credit of the other since separation.

10.4 A party who is under an obligation in this Agreement to reimburse or indemnify the other

will:

(a) pay the other’s expenses, damages or loss, including costs arising from the party’s

obligation to reimburse or indemnify; and

(b) indemnify the other from:

(i) any amounts paid by the other with respect to the liability, plus interest on

the amount at 10 percent a year compounded annually; and

(ii) actual legal fees and disbursements incurred by the other.

10.5 In this Agreement, one party’s indemnification of the other with respect to a debt will be

_______________plus the costs incurred to obtain the judgment and enforce it.

11. Pensions

11.1 Upon completion of the parties’ obligations in this Part of the Agreement, the parties

release all claims, _______________ claims under the PBA, the Divorce Act, the Family Law Act, and the Succession Law Reform Act.

12. Releases

12.1 In consideration of and on completion of the parties’ mutual obligations in this

Agreement, and except as otherwise provided in this Agreement, Jane and John:

(a) release each other from all claims either may have against the other now or in the

future under the terms of any statute, in equity or the common law, including all

claims under the Divorce Act, the Family Law Act, and the Succession Law

Reform Act, for:

(i) possession of property;

(ii) ownership of property;

(iii) division of property;

(iv) compensation for contributions to property;

(v) monetary or proprietary remedies for unjust enrichment including claims

where there is a joint family venture;

(vi) claims in trust, including any claims to a constructive or resulting trust;

and

(vii) an equalization payment.

(b) will be entitled to retain their respective property free from any claim by the other

party, and will be free to deal with or dispose of their respective property as they

deem fit;

(c) will not claim any share or interest in the other party’s property;

(d) in the case of RRSPs, RRIFs, registered or unregistered private or employment

pensions, life insurance and any such similar property, disclaim any and all rights

arising from and benefits payable to them from the other party’s plans, including

any survivor benefits and other rights or benefits which may arise on the death of

the other, or any designations to the contrary that predate this Agreement.

12.2 Except as otherwise provided in this Agreement, Jane and John each renounce any

entitlement either may have in the other’s will made before the date of this Agreement or

to share in the estate of the other upon the other dying intestate.

12.3 Except as otherwise provided in this Agreement, Jane and John release each other from

all claims either may have against the other now or in the future under the terms of any

statute or the common law, including claims for:

(a) a share in the other’s estate;

(b) a payment as a dependant from the other’s estate under the Succession Law

Reform Act;

(c) any entitlement under the Family Law Act;

(d) an appointment as an attorney or guardian of the other’s personal care or property

under the Substitute Decisions Act; and

(e) participation in decisions about the other’s medical care or treatment under the

Health Care Consent Act.

12.4 Except as otherwise provided in this Agreement, on the death of either party:

(a) the surviving party will not share in any testate or intestate benefit from the estate;

(b) the surviving party will not act as personal representative of the deceased; and

(c) the estate of the deceased party will be distributed as if the surviving party had

died first.

13. General Terms

13.1 Jane and John each acknowledges and agrees that this Agreement is a separation

agreement entered into under section 54 of the Family Law Act, and is a domestic

contract that prevails over all matters dealt with in the Family Law Act.

13.2 There are no representations, collateral agreements, warranties or conditions affecting

this Agreement. There are no implied agreements arising from this Agreement and this

Agreement between the parties constitutes the complete agreement between them.

13.3 Except as otherwise provided in this Agreement, the invalidity or unenforceability of any

term of this Agreement does not affect the validity or enforceability of any other term.

Any invalid term will be treated as severed from the remaining terms.

13.4 The section headings contained in this Agreement are for convenience only and do not

affect the meaning or interpretation of any term of this Agreement.

13.5 On execution of this Agreement, either party may commence an application to obtain a

divorce only with no costs payable. The other party will cooperate in the service of

documents. The divorce will proceed on an uncontested basis.

13.6 The costs of any application for a divorce judgment or order will be shared equally

between the parties.

13.7 If a divorce judgment or order issues, none of the clauses of this Agreement will be

incorporated in the judgment or order.

13.8 If a divorce judgment or order issues, all of the terms of this Agreement will continue.

13.9 Unless the parties agree otherwise, the laws of Ontario apply to this Agreement and its

interpretation;

13.10 This Agreement survives the death of Jane and John and enures to the benefit of and

binds Jane and John’s heirs, executors, administrators, estate trustees, personal

representatives and assigns.

13.11 Jane and John will each inform the executors, estate trustees, personal representatives

named in each one’s will that this Agreement exists, and where a copy is located.

13.12 Any amendments to this Agreement must be in writing, signed by the parties, dated and

witnessed.

13.13 Jane and John will sign any documents necessary to give effect to this Agreement.

13.14 Jane or John’s failure to insist on the strict performance of any terms in this Agreement

will not be a waiver of any term.

13.15

(a) Jane and John:

(i) understand their respective rights and obligations under this Agreement

and its nature and consequences;

(ii) acknowledge that this Agreement is fair and reasonable;

(iii) acknowledge that they are not under any undue influence or duress; and

(iv) acknowledge that both are signing this Agreement voluntarily.

13.16 Where consent is required under this Agreement, it will not be unreasonably withheld. If

Jane and John cannot agree whether consent is being reasonably withheld, they will use

the section of this Agreement entitled “Dispute Resolution” to resolve the matter.

13.17 The Agreement may be executed and delivered as follows:

(a) This Agreement may be signed in one or more counterparts, as may be convenient

or required. All counterparts of this Agreement will collectively constitute one

document.

(b) This Agreement or any counterparts may be signed by electronic means, and will

bind any such party the same way as the party’s handwritten signature would.

(c) Delivery of a signed Agreement or any signed counterparts by facsimile and/or

electronic mail or other electronic means will be sufficient, and an electronic copy

will have the same effect as an original executed Agreement.

13.18 The effective date of this Agreement is the date on which the latter party signs it.

13.19 This Agreement was prepared jointly by both parties.

TO EVIDENCE THEIR AGREEMENT JANE AND JOHN HAVE SIGNED THIS

AGREEMENT BEFORE A WITNESS.

DATE:

_________________________ _________________________

Witness: Jane Doe

DATE:

_________________________ _________________________

Witness: John Doe

DATED:

Between:

Jane Doe

and

John Doe

SEPARATION AGREEMENT