The Legal Divorce Agreement is a crucial document used when married couples in Canada decide to formally end their marriage through divorce. This agreement is drafted in accordance with the federal Divorce Act and relevant provincial family law legislation, making it essential for establishing legally binding terms of separation. The document becomes necessary once spouses have decided to divorce and have reached agreement on key issues such as property division, support payments, and child custody arrangements. It serves as a comprehensive record of all agreed-upon terms and can be incorporated into the final divorce judgment. The agreement must comply with both federal and provincial legal requirements and typically requires independent legal counsel for both parties to ensure validity and enforceability.
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1. Parties: Identification and details of both spouses entering into the divorce agreement
2. Background: Information about the marriage, separation date, and grounds for divorce
3. Definitions: Definitions of key terms used throughout the agreement
4. Mutual Release and Discharge: Statement that both parties release each other from future claims
5. Division of Property: Details of how matrimonial property and debts will be divided
6. Spousal Support: Terms and conditions of any spousal support arrangements
7. Tax Provisions: How tax matters will be handled, including filing status and deductions
8. Full and Final Settlement: Confirmation that this agreement represents a complete settlement
9. Independent Legal Advice: Acknowledgment that both parties have received independent legal counsel
10. Governing Law: Specification that the agreement is governed by Canadian law
11. Severability: Provision stating that if any part of the agreement is invalid, the rest remains in force
12. Execution: Signature and witness requirements
1. Child Custody and Access: Required if there are children - details custody arrangements, visitation schedules, and decision-making responsibilities
2. Child Support: Required if there are children - outlines child support obligations and calculations
3. Life Insurance: Include when parties agree to maintain life insurance policies as security
4. Business Interests: Required if either party owns a business - details how business assets will be handled
5. Pension and Retirement Accounts: Include when there are significant retirement assets to be divided
6. Medical and Dental Insurance: Include when ongoing health insurance coverage needs to be addressed
7. Dispute Resolution: Optional section specifying mediation or arbitration procedures for future disputes
8. Future Relationships: Optional provisions regarding conduct and obligations in case of future relationships
9. Pets: Include if there are pets whose custody and care need to be addressed
10. Educational Expenses: Required if there are agreements about children's future education costs
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 - Parenting Schedule: Detailed calendar of custody arrangements and visitation schedules
4. Schedule D - Support Calculations: Detailed calculations of child and/or spousal support amounts
5. Schedule E - Insurance Policies: List of all insurance policies and their disposition
6. Schedule F - Pension Values and Division: Details of pension valuations and division arrangements
7. Appendix 1 - Children's Special Expenses: Breakdown of agreed-upon special expenses for children
8. Appendix 2 - Business Valuation: Professional valuation reports for business interests
9. Appendix 3 - Real Estate Appraisals: Professional appraisals for real estate properties
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