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Divorce Property Division Agreement Template for Canada

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Key Requirements PROMPT example:

Divorce Property Division Agreement

"I need a Divorce Property Division Agreement for a mutual separation effective March 1, 2025, covering the division of our matrimonial home in Toronto, two cars, joint bank accounts, and retirement savings, with both parties having agreed to a 50-50 split of all assets."

Document background
The Divorce Property Division Agreement is a crucial document in Canadian family law that formalizes how divorcing spouses will divide their matrimonial property and assets. It is typically prepared after separation but before or during divorce proceedings, when both parties have completed full financial disclosure and are ready to formalize their property division arrangements. The agreement must comply with both federal divorce law and provincial property legislation, as property division falls primarily under provincial jurisdiction in Canada. This document covers all aspects of property division including real estate, financial assets, pensions, personal property, and debts, while addressing tax implications and implementation procedures. It serves as a legally binding contract that can be relied upon by courts, financial institutions, and other third parties, and typically requires independent legal advice for both parties before execution.
Suggested Sections

1. Parties: Identification of both spouses including full legal names, addresses, and occupations

2. Background: Details of marriage, separation date, and confirmation that both parties seek equitable division of matrimonial property

3. Definitions: Definitions of key terms used throughout the agreement including 'matrimonial property', 'separate property', 'valuation date', etc.

4. Independent Legal Advice: Confirmation that both parties have received or had the opportunity to receive independent legal advice

5. Division of Real Property: Details regarding the division of real estate, including the matrimonial home and any other properties

6. Division of Financial Assets: Division of bank accounts, investments, retirement accounts, and other financial assets

7. Division of Personal Property: Division of vehicles, furniture, jewelry, art, and other personal items

8. Division of Debts: Allocation of responsibility for mortgages, loans, credit cards, and other debts

9. Implementation: Timeframes and procedures for implementing the property division

10. Tax Implications: Acknowledgment of tax consequences and responsibility for tax liabilities

11. Release of Claims: Mutual release of future claims against divided property

12. Governing Law: Specification that the agreement is governed by Canadian law and the applicable provincial jurisdiction

13. Execution: Signature requirements and witness provisions

Optional Sections

1. Division of Business Interests: Required when either party owns business interests or professional practices

2. International Assets: Required when parties own property or assets in other countries

3. Pension Division: Required when either party has pension benefits to be divided

4. Future Income Tax Credits: Required when there are ongoing tax implications or credits to be allocated

5. Intellectual Property Rights: Required when either party owns intellectual property

6. Family Gifts and Inheritances: Required when there are significant family gifts or inheritances to be addressed

7. Alternative Dispute Resolution: Optional section specifying mediation or arbitration procedures for future disputes

8. Future Asset Discovery: Provisions for dealing with subsequently discovered assets

Suggested Schedules

1. Schedule A - Real Property: Detailed list of all real estate properties with legal descriptions and agreed values

2. Schedule B - Financial Assets: Comprehensive list of all financial accounts, investments, and their agreed values

3. Schedule C - Personal Property: Itemized list of personal property items and their agreed distribution

4. Schedule D - Debts and Liabilities: Detailed list of all debts and their allocated responsibility

5. Schedule E - Business Assets: Detailed valuation and division plan for business interests

6. Schedule F - Pension Values: Pension valuations and division calculations

7. Appendix 1 - Property Valuations: Professional appraisals and valuations of significant assets

8. Appendix 2 - Tax Calculations: Detailed tax implications and calculations for property transfers

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

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Paralegal

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