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Divorce Mediation Settlement Agreement

Divorce Mediation Settlement Agreement Template for Canada

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Divorce Mediation Settlement Agreement

"I need a Divorce Mediation Settlement Agreement for a couple with two minor children, joint custody arrangements, and complex asset division including a family business and multiple properties, with the agreement to take effect March 1, 2025."

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Document background
The Divorce Mediation Settlement Agreement is a crucial document in Canadian family law that represents the culmination of the mediation process between divorcing spouses. This agreement is utilized when parties choose to resolve their divorce-related issues through mediation rather than traditional litigation, typically resulting in more cost-effective and amicable resolutions. The document incorporates provisions that must comply with both the federal Divorce Act and applicable provincial family law legislation. It covers essential aspects such as property division, child custody, support payments, and other relevant matters agreed upon during mediation. This agreement serves as a foundation for the court's final divorce order and can be enforced legally once properly executed. It's particularly valuable for couples seeking a cooperative approach to divorce while ensuring their settlement adheres to Canadian legal requirements.
Suggested Sections

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

2. Background: Marriage date, separation date, children's details, and reason for agreement

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

4. Mutual Release and Discharge: Statement of parties' intention to settle all claims and rights arising from the marriage

5. Living Separate and Apart: Confirmation that parties will continue living separately

6. Parenting Arrangements: Details of custody, access, and decision-making responsibility for children

7. Child Support: Terms of child support payments, including special and extraordinary expenses

8. Spousal Support: Terms of spousal support, including amount, duration, and review conditions

9. Division of Property: Distribution of matrimonial property, including the matrimonial home

10. Division of Debts: Allocation of joint and individual debts and liabilities

11. Tax Provisions: Handling of tax matters, including filing status and dependency claims

12. Life Insurance: Requirements for maintaining life insurance policies as security

13. Dispute Resolution: Process for resolving future disputes through mediation or arbitration

14. Amendment and Review: Provisions for reviewing and modifying the agreement

15. General Provisions: Standard clauses including governing law, severability, and independent legal advice

Optional Sections

1. Business Interests: Division of jointly-owned businesses or business assets

2. International Assets: Handling of property and assets located in other countries

3. Pets and Animals: Arrangements for pet custody and care

4. Educational Expenses: Special provisions for children's future education costs

5. Religious Upbringing: Agreements regarding children's religious education and observance

6. Special Needs Provisions: Additional arrangements for children with special needs

7. Cultural Considerations: Specific provisions related to cultural or religious requirements

8. Retirement Accounts: Detailed division of retirement accounts and pension benefits

9. Inheritance Rights: Provisions regarding future inheritances or family trusts

10. Travel and Relocation: Terms for international travel with children or relocation provisions

Suggested Schedules

1. Schedule A - Property Division: Detailed list of all assets and their agreed division

2. Schedule B - Debt Division: Comprehensive list of all debts and their allocation

3. Schedule C - Child Support Calculations: Detailed calculations of child support obligations

4. Schedule D - Parenting Schedule: Detailed calendar of parenting time and transitions

5. Schedule E - Special Expenses: List of agreed special and extraordinary expenses for children

6. Schedule F - Insurance Policies: List of all insurance policies and beneficiary designations

7. Schedule G - Pension Values: Valuation and division details of pension benefits

8. Appendix 1 - Financial Statements: Current financial statements of both parties

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

10. Appendix 3 - Tax Records: Relevant tax returns and documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions
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