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Pre Divorce Agreement for Canada

Pre Divorce Agreement Template for Canada

A Pre-Divorce Agreement under Canadian law is a comprehensive legal document that establishes the terms and conditions of separation between married spouses before they proceed with formal divorce proceedings. This agreement, governed by both federal and provincial legislation including the Divorce Act and various provincial family law statutes, addresses crucial aspects such as property division, support obligations, and child custody arrangements if applicable. The document serves as a binding contract that can later be incorporated into the final divorce decree, providing clarity and legal certainty for both parties during their separation period and helping to streamline the eventual divorce process.

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Pre Divorce Agreement

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What is a Pre Divorce Agreement?

The Pre-Divorce Agreement is a vital legal instrument used in Canadian family law when married couples decide to separate but are not yet ready or willing to commence formal divorce proceedings. This document serves as a comprehensive contract that outlines all aspects of the separation, including property division, financial obligations, living arrangements, and if applicable, child custody and support arrangements. It must comply with both federal legislation (primarily the Divorce Act) and provincial family law statutes. The agreement is particularly useful for couples who want to establish clear terms for their separation period while taking time to consider whether to proceed with a divorce, or who need time to meet the one-year separation requirement under Canadian law. When properly executed, a Pre-Divorce Agreement can be incorporated into the final divorce decree, making it an essential tool for protecting both parties' interests and rights during the separation period and beyond.

What sections should be included in a Pre Divorce Agreement?

1. Parties: Identification and details of both spouses entering into the agreement

2. Background: Information about the marriage, date of separation, and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Separation and Living Arrangements: Confirmation of separation and any arrangements regarding the matrimonial home

5. Division of Property: General principles and approach to division of matrimonial property

6. Release of Rights: Mutual release of rights to each other's estate and property

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

8. Tax Matters: Treatment of tax issues, including filing status and allocation of tax benefits

9. Future Dispute Resolution: Process for resolving future disputes, including mediation or arbitration provisions

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

11. General Provisions: Standard contract clauses including enforcement, modification, and governing law

12. Execution: Signature blocks and witness requirements

What sections are optional to include in a Pre Divorce Agreement?

1. Child Custody and Access: Required if the parties have children - details regarding custody, access schedules, and decision-making responsibilities

2. Child Support: Required if the parties have children - details of child support obligations including special expenses

3. Business Interests: Required if either party owns a business - handling of business assets and interests

4. Pets: Required if the parties have pets - arrangements for pet custody and care

5. Insurance Provisions: Optional section dealing with life, health, or disability insurance requirements

6. Retirement Accounts: Required if parties have pension or retirement accounts - details of division and transfer

7. Debt Division: Required if parties have significant shared debt - allocation of responsibility for debts

8. Educational Expenses: Required if there are plans for future education of children or spouse

9. Religious Divorce: Required for couples requiring religious divorce proceedings

10. International Assets: Required if parties have assets in multiple jurisdictions

What schedules should be included in a Pre Divorce Agreement?

1. Schedule A - Assets: Detailed listing of all matrimonial assets and their agreed values

2. Schedule B - Debts: Detailed listing of all matrimonial debts and their agreed values

3. Schedule C - Property Division: Specific allocation of assets and debts between parties

4. Schedule D - Parenting Schedule: Detailed custody and access schedule if children are involved

5. Schedule E - Support Calculations: Detailed calculations for child and/or spousal support

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

7. Schedule G - Business Valuations: Professional valuations of business interests if applicable

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

9. Appendix 2 - Children's Expenses: Detailed breakdown of children's special and extraordinary expenses

Authors

Alex Denne

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

Jurisdiction

Canada

Cost

Free to use
Relevant legal definitions








































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Divorce Lawyer

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