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Divorce Nesting Agreement Template for Canada

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Key Requirements PROMPT example:

Divorce Nesting Agreement

"I need a Divorce Nesting Agreement for a situation involving three children under 12, where we'll maintain the family home in Toronto plus two separate apartments, with the agreement to start January 1, 2025, and special provisions needed for a child with medical needs."

Document background
The Divorce Nesting Agreement is a specialized legal document used in Canadian family law when divorcing parents choose to maintain their children's stability by keeping them in the family home while the parents alternate residing there. This arrangement, becoming increasingly common in Canadian divorces, requires detailed documentation to ensure smooth implementation. The agreement must comply with the federal Divorce Act and provincial family law legislation, typically including comprehensive sections on financial obligations, maintenance responsibilities, parenting schedules, and dispute resolution mechanisms. It's particularly suitable for parents who prioritize their children's emotional well-being during divorce and have the financial means to maintain multiple residences. The document should be drafted with consideration of both immediate practical needs and long-term sustainability of the arrangement.
Suggested Sections

1. Parties: Identification of both divorcing spouses and their current contact information

2. Background: Context of the divorce, brief family history, and explanation of why nesting arrangement was chosen

3. Definitions: Key terms used throughout the agreement including 'Nesting Home', 'Rotation Schedule', 'On-Duty Parent', 'Off-Duty Parent'

4. Nesting Arrangement Overview: General description of the nesting arrangement, including the designated family home and basic rotation principle

5. Term and Duration: Length of the nesting arrangement, including start date and conditions for termination or review

6. Parenting Schedule: Detailed rotation schedule for parents, including holidays and special occasions

7. Financial Responsibilities: Division of costs related to the nesting home, including mortgage/rent, utilities, maintenance, and children's expenses

8. Home Maintenance and Rules: Standards for maintaining the home, cleaning responsibilities, and house rules both parents must follow

9. Children's Provisions: Specific arrangements regarding children's care, education, activities, and special needs

10. Communication Protocol: Methods and requirements for parents to communicate about house and children-related matters

11. Conflict Resolution: Process for resolving disputes related to the nesting arrangement

12. Termination Provisions: Circumstances and procedures for ending the nesting arrangement

13. Amendment Process: Procedure for making changes to the agreement

14. Governing Law: Specification that the agreement is governed by Canadian law and relevant provincial legislation

Optional Sections

1. Secondary Residence Arrangements: Details about where each parent lives when not in the nesting home

2. New Partners Protocol: Rules regarding new romantic partners' interaction with the nesting arrangement

3. Pet Care Provisions: Arrangements for pet care and responsibilities if family has pets

4. Home Business Provisions: Rules regarding use of the nesting home for business purposes if applicable

5. Special Medical Considerations: Additional provisions if children or parents have special medical needs

6. Emergency Protocols: Specific procedures for handling emergencies during nesting periods

7. Technology and Privacy: Rules about shared technology, security systems, and privacy expectations

8. Religious and Cultural Practices: Specific arrangements for maintaining religious or cultural practices in the home

Suggested Schedules

1. Schedule A - Detailed Rotation Calendar: 12-month calendar showing exact rotation schedule including holidays and special events

2. Schedule B - Financial Responsibility Breakdown: Detailed list of expenses and which parent is responsible for each

3. Schedule C - Home Inventory: Inventory of furniture and important items that will remain in the nesting home

4. Schedule D - Contact Information: Comprehensive contact list including parents, emergency contacts, children's doctors, schools, etc.

5. Schedule E - House Maintenance Checklist: Detailed checklist for cleaning and maintenance tasks during rotation

6. Schedule F - Children's Schedule: Children's regular activities, school schedules, and extracurricular commitments

7. Appendix 1 - Home Floor Plan: Floor plan showing personal storage areas and shared spaces

8. Appendix 2 - Emergency Procedures: Detailed emergency protocols and important contact numbers

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 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

Family Mediator

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