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Separation Agreement For Unmarried Couples Template for Canada

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Key Requirements PROMPT example:

Separation Agreement For Unmarried Couples

"I need a Separation Agreement For Unmarried Couples that covers the division of our jointly owned condo and shared investments, following our planned separation date of March 1, 2025, with no children or pets involved."

Document background
The Separation Agreement For Unmarried Couples is a crucial legal document used in Canadian jurisdictions when common-law partners decide to end their relationship. It becomes necessary when couples who have lived together in a marriage-like relationship, but haven't formally married, need to legally document their separation terms. This agreement is particularly important as common-law relationships in Canada can create various legal rights and obligations, depending on the province or territory. The document typically includes provisions for property division, support obligations, debt allocation, and if applicable, child custody and access arrangements. It must comply with provincial family law legislation and can be used as evidence in court if future disputes arise. The agreement serves to protect both parties' interests and provides clarity on their rights and obligations post-separation, while potentially avoiding costly litigation.
Suggested Sections

1. Parties: Identifies and provides full legal names and addresses of both parties to the agreement

2. Background: Outlines the history of the relationship, including cohabitation dates and separation date

3. Definitions: Defines key terms used throughout the agreement

4. Acknowledgments: Confirms each party's understanding of the agreement and that they received independent legal advice

5. Mutual Release: States that both parties release each other from future claims related to their relationship

6. Division of Property: Details how jointly owned and individual property will be divided

7. Financial Disclosure: Confirms that both parties have made full and frank disclosure of their financial situations

8. Debts and Liabilities: Addresses the division and responsibility for joint and individual debts

9. Dispute Resolution: Outlines the process for resolving any future disputes about the agreement

10. Amendment and Waiver: Specifies how the agreement can be modified and the process for waiving rights

11. Governing Law: Specifies that the agreement is governed by Canadian law and the applicable province

12. Severability: States that if any provision is found invalid, the rest of the agreement remains valid

13. Execution: Details about how the agreement is to be signed and witnessed

Optional Sections

1. Child Custody and Access: Required if the couple has children together, detailing custody arrangements, visitation schedules, and decision-making responsibilities

2. Child Support: Required if there are children, outlining support payments and special expenses

3. Spousal Support: Included if one party will be providing financial support to the other

4. Pets: Included if the couple needs to determine custody and care arrangements for pets

5. Business Interests: Required if the couple jointly owns or operates a business

6. Insurance Provisions: Included if there are life insurance policies to be maintained for either party's benefit

7. Tax Provisions: Detailed tax arrangements if there are significant tax implications to the separation

8. Future Dispute Resolution: Optional additional detail about mediation or arbitration procedures

9. Confidentiality: Added when parties wish to keep the terms of their separation private

10. Social Media and Privacy: Modern provision addressing social media conduct and privacy expectations

11. Future Relationships: Provisions about how future relationships might affect certain terms of the agreement

Suggested Schedules

1. Schedule A - Assets: Detailed list of all assets owned by either party, including values and agreed disposition

2. Schedule B - Debts: Comprehensive list of all debts and liabilities, including responsibility for payment

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

4. Schedule D - Financial Disclosure: Detailed financial statements from both parties

5. Schedule E - Parenting Schedule: Detailed custody and access schedule if children are involved

6. Schedule F - Support Calculations: Calculations for child support and/or spousal support if applicable

7. Appendix 1 - Certificate of Independent Legal Advice: Certificates from lawyers confirming independent legal advice was received

8. Appendix 2 - Valuations: Professional valuations of significant assets like properties or businesses

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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