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Voluntary Divorce Agreement Template for Canada

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Key Requirements PROMPT example:

Voluntary Divorce Agreement

"I need a Voluntary Divorce Agreement for a couple with two minor children, joint ownership of a family business, and shared property in Ontario, with the separation date set for January 15, 2025."

Document background
The Voluntary Divorce Agreement is a crucial legal document used in Canadian family law when spouses have reached a mutual understanding regarding their divorce terms. This agreement is typically prepared after separation but before the final divorce order, representing a comprehensive settlement of all matrimonial issues. It details the division of property, support obligations, and parenting arrangements (if applicable), while ensuring compliance with both federal and provincial legislation. The document serves as evidence of the spouses' intentions and agreements, which courts generally uphold unless they find elements that are unconscionable or contrary to law. The agreement can be used in all Canadian provinces and territories, though specific provisions may need to be adapted to comply with local family law requirements. It's particularly valuable for uncontested divorces where parties wish to avoid lengthy court proceedings and maintain amicable relations.
Suggested Sections

1. Parties: Identification and contact details of both spouses

2. Background: Information about the marriage, separation date, and intention to divorce

3. Definitions: Definitions of key terms used throughout the agreement

4. Recognition of Separation: Formal acknowledgment of separation and intent to live separately

5. Division of Property: Agreement on how matrimonial property and debts will be divided

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

7. Release and Indemnity: Mutual release of claims and indemnification provisions

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

9. Governing Law: Specification that the agreement is governed by Canadian law and the applicable province

10. Amendment and Waiver: Provisions for how the agreement can be modified and circumstances for waiver

11. Severability: Provision stating that if any part of the agreement is found invalid, the rest remains in force

12. Entire Agreement: Confirmation that this document represents the complete agreement between parties

13. Execution: Signing and witnessing requirements

Optional Sections

1. Child Custody and Access: Terms regarding custody, access, and parenting arrangements - included when there are children of the marriage

2. Child Support: Details of child support payments and special expenses - included when there are dependent children

3. Life Insurance: Requirements to maintain life insurance policies - typically included when there are dependent children or ongoing support obligations

4. Business Interests: Division or handling of shared business interests - included when spouses have joint business ventures

5. Pension Division: Terms for dividing pension benefits - included when one or both spouses have pension plans

6. Tax Provisions: Specific arrangements regarding tax matters - included when there are significant tax implications

7. Dispute Resolution: Process for resolving future disputes - recommended when complex ongoing obligations exist

8. Religious Divorce: Provisions regarding religious divorce requirements - included when required by parties' religious beliefs

9. Pet Custody: Arrangements for pet care and custody - included when couples have shared pets

Suggested Schedules

1. Schedule A - Assets and Liabilities: Detailed list of all matrimonial assets and liabilities with agreed values

2. Schedule B - Property Division: Specific details of how each asset and liability will be divided or transferred

3. Schedule C - Support Calculations: Detailed calculations for spousal and/or child support payments

4. Schedule D - Parenting Schedule: Detailed parenting time schedule and special occasions arrangement

5. Schedule E - Children's Special Expenses: List and division of children's special expenses

6. Appendix 1 - Financial Statements: Financial statements of both parties

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

8. Appendix 3 - Business Valuations: Professional valuations of business interests, if applicable

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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