The Global Settlement Offer Divorce document is a critical instrument in Canadian divorce proceedings, used when parties are ready to propose or accept a complete resolution of all matters arising from their marriage dissolution. This document is particularly relevant when parties wish to avoid prolonged litigation and prefer to settle their divorce matters through negotiation. It must comply with both federal legislation (primarily the Divorce Act) and applicable provincial family law statutes. The document typically includes detailed provisions for property division, support arrangements, custody if children are involved, and various other matters such as insurance, pensions, and tax considerations. A Global Settlement Offer Divorce agreement is most effectively used when both parties have completed full financial disclosure and have access to independent legal advice, as it aims to create a final, comprehensive, and binding resolution of all divorce-related issues.
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1. Parties: Identification of both spouses, including full legal names, addresses, and occupations
2. Background: Details of the marriage, separation date, and confirmation that reconciliation is not possible
3. Definitions: Definitions of key terms used throughout the agreement
4. Acknowledgments: Statements confirming independent legal advice, full financial disclosure, and voluntary agreement
5. Mutual Release: Agreement to release each other from future claims except as outlined in the agreement
6. Division of Property: Overview of how matrimonial property and debts will be divided
7. Spousal Support: Terms of any spousal support arrangements, including amount, duration, and conditions
8. Tax Matters: Agreement on tax filing for the year of separation and treatment of various payments for tax purposes
9. General Provisions: Standard clauses including governing law, amendments, severability, and execution
10. Binding Effect: Confirmation that the agreement is binding on heirs, executors, and assigns
1. Child Custody and Access: Required if there are children - details of custody arrangements, access schedules, and decision-making responsibilities
2. Child Support: Required if there are children - details of child support payments, special expenses, and review mechanisms
3. Life Insurance: Include if parties agree to maintain life insurance policies as security for support obligations
4. Business Interests: Include if either party owns business interests that need to be addressed
5. Pension Division: Include if there are pension assets to be divided
6. International Assets: Include if there are assets in multiple jurisdictions
7. Pets: Include if there are pets whose custody needs to be addressed
8. Future Dispute Resolution: Optional section outlining mediation or arbitration procedures for future disputes
9. Religious Divorce: Include if religious divorce proceedings are required
10. Confidentiality: Include if parties wish to keep terms of settlement private
1. Schedule A - Assets: Detailed listing of all matrimonial assets including real estate, vehicles, investments, and personal property
2. Schedule B - Debts: Comprehensive list of all matrimonial debts and liabilities
3. Schedule C - Child Access Schedule: Detailed parenting schedule including holidays and special occasions
4. Schedule D - Financial Statements: Current financial statements of both parties
5. Schedule E - Business Valuations: Professional valuations of any business interests
6. Schedule F - Pension Valuations: Actuarial valuations of pension benefits
7. Appendix 1 - Certificate of Independent Legal Advice: Certificates from each party's lawyer confirming independent legal advice
8. Appendix 2 - Financial Disclosure: Sworn financial statements and supporting documents
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