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SEPARATION AGREEMENT

THIS SEPARATION AGREEMENT (the "Agreement") dated this ________ day of ________________, ________.

BETWEEN:

______________________
of ______________________

-and-

______________________
of ______________________


  1. BACKGROUND:

  2. ______________________ and ______________________ (collectively the "Parties" and individually a "Party") were lawfully married on ________________ ________, ________, in ______________________, Alberta. Due to certain differences that have developed between the Parties, they agree to live separate and apart from each other, subject to the terms and conditions in this Agreement.
  3. The Parties have made complete, fair and accurate disclosure to each other on all financial matters reflected in this Agreement.
  4. The terms of this Agreement are intended to settle the matters addressed and may be incorporated into a final decree of divorce, unless specific matters are amended or addressed in a subsequent separation agreement.
  5. The Parties have each consulted a lawyer with regards to their legal rights arising out of the matrimonial relationship and the terms of this Agreement.
  6. The Parties have each voluntarily entered into this Agreement and have not been forced by anyone to sign this Agreement, and both the Parties confirm that they are in sound mental health.


IN CONSIDERATION OF the mutual promises and covenants contained in this Agreement, and as well as the condition, means, needs and other circumstances of each spouse has been taken into consideration and other valuable consideration, the receipt and sufficiency of which consideration is acknowledged, the Parties agree as follows:

  1. LIVING SEPARATE AND APART
  2. The Parties will, from the date of execution of this Agreement, live separate and apart from each other. Neither Party will attend the other's living space or work without invitation or approval.
  3. INTERFERENCE
  4. Each Party will be free from the interference, authority or control of the other Party as fully as though each were single and unmarried. Each Party may engage in any employment, business or profession, and reside where he or she may choose, free from any interference, restriction, authority, or control of the other Party. Each Party agrees not to interfere, bother, harass, intimidate or otherwise restrict the other Party or their family or friends at their respective residences, places of employment or any other place.
  5. CHILDREN
  6. There is 1 child of the marriage, namely:

    Name:

    Date of Birth:

    ______________________

    March 19, 2024


  7. CHILD CUSTODY
  8. The Parties agree that joint legal custody is in the best interests of the child. The Parties agree that both parents are fit and proper persons to have joint responsibility for the care of the child.
  9. The Parties agree that the child will primarily reside with ______________________.
  10. The Parties also agree that the Parties will have the following visitation time with the child:
    1. Regular visitation schedule:
      _____________________________________________________________________

  11. CHILD SUPPORT
  12. ______________________ will pay child support in the amount of $__________ (or the amount payable pursuant to Federal Support Guidelines of Canada) every ______________ to ______________________. Child support payments will commence on ________________ ________, ________ and will be paid on the ________ day of each and every ___________.
  13. ______________________ will pay 50% of the child's uninsured health care costs, child care costs, and other special or extraordinary expenses for the child and ______________________ will pay 50% of such costs and expenses. These payments will continue as long as the child is a “child of the marriage” within the meaning of the Divorce Act of 1985.
  14. The Parties agree that each will provide the other a copy of their income tax return and any notices of assessment and re-assessment issued, on an annual basis.
  15. ______________________ will claim the eligible dependent tax credit in respect of the child every year.
  16. ______________________ will maintain health insurance, including medical and dental coverage, for the benefit of the child.
  17. Child support payments, contributions to uninsured health care costs, child care costs, special and extraordinary expenses, and the maintenance of health insurance will continue for the longer of when a child is considered a "child of the marriage" pursuant to the Divorce Act of 1985, or a child is under the age of majority and financially dependent on the parents.
  18. SPOUSAL MAINTENANCE
  19. This Agreement represents the final result of back and forth negotiation between the Parties as to the actual terms dealt with and content of those clauses. Each Party confirms that they understand the nature of this Agreement and the financial and legal consequences of signing this Agreement. Each Party had the opportunity to retain their own professional assistance to address any questions or concerns that they had as they negotiated this Agreement and before they executed this Agreement. Each Party confirms that they have provided any significant financial information and has not hidden or misrepresented any such financial information. Both Parties have kept any drafts and other documentation to substantiate such negotiation efforts.
  20. Neither Party claims entitlement to spousal maintenance. Both Parties expressly waive any claim to spousal maintenance now and in the future, regardless of any change in circumstances experienced by either Party.
  21. Each Party confirms that they are financially self-sufficient and accept full responsibility for their own financial maintenance. Both Parties agree that based on the equitable property split under this Agreement, it is fair to waive any spousal maintenance. Each Party understands and acknowledges the consequence of electing to waive spousal maintenance includes no right to later seek spousal maintenance in the future even if their circumstances have significantly changed.
  22. FAMILY HOME
  23. The family home is located at: ______________________ (the "Family Home") and is owned by the Parties.
  24. ______________________'s interest in the Family Home will be transferred to ______________________.
  25. Upon transfer of the Family Home, ______________________ will be solely responsible to pay all encumbrances registered against the Family Home.
  26. ______________________ will indemnify and hold ______________________ harmless from and against all obligations, and expenses, including reasonable attorney's fees, arising out of or relating to the Family Home.
  27. ASSETS
  28. The Parties acknowledge that they have agreed upon a division of all assets, owned or possessed by them as family property or separate property. The Parties are in possession of all of those assets to which each is respectively entitled. Accordingly, neither makes any claim to any assets in the possession of the other.
  29. DEBTS
  30. The Parties agree that any indebtedness secured against, or attributable to, any item of property that either Party is receiving under this Agreement will be the sole responsibility of the Party receiving the particular property.
  31. Neither Party will incur any further debt or liability on the other Party's credit. Any debt accumulated as of the date of this Agreement is the debt of the individual Party, regardless if the debt was incurred as a result of joint credit.
  32. FAMILY PROPERTY RELEASE
  33. The Parties covenant and agree that they are aware of the provisions of the Family Property Act of Alberta and that it is their intention that the provisions of the Family Property Act, Part I, will not apply to the status, ownership, interest and division of their property, either jointly or separately owned, nor to their future property, whether real or personal, and owned by either one or both of them, and the Parties further covenant and agree that it is their desire and intent by the terms of this Agreement to contract out of the provisions of the Part I of the Family Property Act pursuant to Sections 37 and 38 and to make a full and final settlement of all matters of property, both real and personal, previously and presently owned by either of the Parties or to be acquired by either of the Parties in the future.
  34. DOWER RELEASE
  35. Each Party releases all dower rights under the Dower Act of the Province of Alberta, or any other jurisdiction whatsoever, that, but for this Agreement, each would have in and to the property in the name of the other, or in their names jointly or as tenants in common.
  36. ESTATE AND TESTAMENTARY DISPOSITION
  37. The Parties renounce all rights each might have in or to the administration of the other’s estate whether under any law of the Province of Alberta, or any Province/Territory of Canada, or any country in which any part of the estate of the other may be situated and further waive and release the other from any and all rights of every kind, nature, and description that each may acquire as a spouse or a surviving spouse in the property, assets, or estate of the other.
  38. PENSION RELEASE
  39. Except as otherwise provided in this Agreement, the Parties waive and relinquish any and all rights or claims, in law or in equity, to apply to split or in any way share or claim any interest whatsoever, now or at any future time, in the Canada Pension Plan, or any retirement pension plan, registered retirement savings plan or pension or savings plan of any type available through employment, or any benefits thereof, which the other Party presently has or may acquire in the future.
  40. GENERAL RELEASE
  41. Each Party releases all claims whatsoever and however arising, whether under the laws of the Province of Alberta or any other jurisdiction, including and without limiting the generality of the foregoing, whether arising by statute or at common law and including actions founded on constructive trust, resulting trust or unjust enrichment, which such Party may now or hereafter have or acquire or be entitled to against the property of the other Party, however and whenever acquired, including and without limiting the generality of the foregoing, real property, personal property, any income from such property or assets of the other Party and any increase in the value of such property, or against the estate of the other Party, but if any such action should be brought the provisions of this Agreement may be pleaded as an answer to any claim asserted and will constitute a full and complete defense thereto.
  42. GENERAL PROVISIONS
  43. The Parties will promptly sign and give to the other all documents necessary to give effect to the terms of this Agreement.
  44. This Agreement contains the entire agreement between the Parties about their relationship with each other. It replaces any earlier written or oral agreement between the Parties.
  45. Should any portion of this Agreement be held by a court of law to be invalid, unenforceable, or void, such holding will not have the effect of invalidating or voiding the remainder of this Agreement, and the Parties agree that the portion so held to be invalid, unenforceable, or void, will be deemed amended, reduced in scope, or otherwise stricken only to the extent required for purposes of validity and enforcement in the jurisdiction of such holding.
  46. The Parties may only amend this Agreement in writing signed by both of them after both Parties have obtained legal advice on the changes.
  47. In the event that a dispute arises regarding this Agreement, the Parties will try to resolve the matter through negotiation or mediation, prior to initiating a court action.
  48. Notwithstanding that the Parties acknowledge and agree that their circumstances at the execution of this Agreement may change for any reason, including but without limiting the generality of the foregoing, the passage of years, it is nonetheless their intention to be bound strictly by the terms of this Agreement at all times.
  49. The Parties agree to provide and execute such further documentation as may be reasonably required to give full force and effect to each term of this Agreement.
  50. The headings of this Agreement form no part of it, and will be deemed to have been inserted for convenience only.
  51. This Agreement will be binding upon and will enure to the benefit of the Parties, their respective heirs, executors, administrators, and assigns.
  52. If the Parties reconcile, the terms of this Agreement will remain in effect unless the Parties revoke it in writing signed by both of them.
  53. The laws of the Province of Alberta will govern the interpretation of this Agreement, and the status, ownership, and division of property between the Parties wherever either or both of them may from time to time reside.

IN WITNESS WHEREOF the Parties have duly affixed their signatures on this ________ day of ________________, ________.


SIGNED by ______________________
In the presence of:


 

______________________________
WITNESS


______________________________
WITNESS

______________________________
______________________


SIGNED by ______________________
In the presence of:


 

______________________________
WITNESS


______________________________
WITNESS

______________________________
______________________



CERTIFICATE OF INDEPENDENT LEGAL ADVICE

THE PROVINCE OF ALBERTA

I, _______________________________, of the City of ___________________________, in the Province of Alberta, Barrister and Solicitor, DO HEREBY CERTIFY:

THAT I was this day consulted in my professional capacity by ______________________, named in the within instrument, being a Separation Agreement, separate and apart from ______________________, as to their legal rights and liabilities under the terms and conditions of it, and that I acted solely for them, and explained fully to them the nature and effect of this foregoing Separation Agreement and they did execute it in my presence, and did acknowledge and declare that they were executing it of their own volition and without any fear, threats, compulsion or influence from ______________________ or any other person.

DATED at the City of ___________________________, in the Province of Alberta this ________ day of ________________, 20_____.

 


________________________
Print Name: ______________
Barrister and Solicitor


I, ______________________, the person named in the annexed Agreement, hereby acknowledges the foregoing this ________ day of ________________, 20_____.

 


________________________
______________________


CERTIFICATE OF INDEPENDENT LEGAL ADVICE

THE PROVINCE OF ALBERTA

I, _______________________________, of the City of _________________________, in the Province of Alberta, Barrister and Solicitor, DO HEREBY CERTIFY:

THAT I was this day consulted in my professional capacity by ______________________, named in the within instrument, being a Separation Agreement, separate and apart from ______________________, as to their legal rights and liabilities under the terms and conditions of it, and that I acted solely for them, and explained fully to them the nature and effect of this foregoing Separation Agreement and they did execute it in my presence, and did acknowledge and declare that they were executing it of their own volition and without any fear, threats, compulsion or influence from ______________________ or any other person.

DATED at the City of ___________________________, in the Province of Alberta this ________ day of ________________, 20_____.

 


________________________
Print Name: ______________
Barrister and Solicitor

I, ______________________, the person named in the annexed Agreement, hereby acknowledges the foregoing this ________ day of ________________, 20_____.

 


________________________
______________________


FAMILY PROPERTY ACT ACKNOWLEDGMENT
(Section 38)

I, ______________________, of the City of _______________________, in the Province of Alberta, HEREBY ACKNOWLEDGE THAT:

  1. I am executing this document separate and apart from ______________________.
  2. I am aware of the nature and the effect of this Agreement.
  3. I am aware of the possible claims to property that I may have under the Family Property Act of the Province of Alberta, and that I intend to give up the claims I have under that Act to the extent necessary to give effect to this Agreement.
  4. I am executing this Agreement freely and voluntarily without any compulsion on the part of ______________________.


 

_______________________
______________________


CERTIFICATE OF ACKNOWLEDGMENT

I, ________________________________________, of the City of ____________________________ in the Province of Alberta, Barrister and Solicitor, DO HEREBY CERTIFY THAT:

  1. I am acting on behalf of ______________________.
  2. They are aware of the nature and the effect of this document.
  3. They acknowledged to me that they are aware of the possible claims to property that they may have under the Family Property Act and they intend to give up these claims to the extent necessary to give effect to this Agreement and that they are executing the Agreement freely and voluntarily without any compulsion on the part of ______________________.


 

______________________
Print Name:_____________
Barrister and Solicitor


FAMILY PROPERTY ACT ACKNOWLEDGMENT
(Section 38)

I, ______________________, of the City of _______________________, in the Province of Alberta, HEREBY ACKNOWLEDGE THAT:

  1. I am executing this document separate and apart from ______________________.
  2. I am aware of the nature and the effect of this Agreement.
  3. I am aware of the possible claims to property that I may have under the Family Property Act of the Province of Alberta, and that I intend to give up the claims I have under that Act to the extent necessary to give effect to this Agreement.
  4. I am executing this Agreement freely and voluntarily without any compulsion on the part of ______________________.


 

_______________________
______________________


CERTIFICATE OF ACKNOWLEDGMENT

I, ________________________________________, of the City of ____________________________ in the Province of Alberta, Barrister and Solicitor, DO HEREBY CERTIFY THAT:

  1. I am acting on behalf of ______________________.
  2. They are aware of the nature and the effect of this document.
  3. They acknowledged to me that they are aware of the possible claims to property that they may have under the Family Property Act and they intend to give up these claims to the extent necessary to give effect to this Agreement and that they are executing the Agreement freely and voluntarily without any compulsion on the part of ______________________.


 

_____________________
Print Name:____________
Barrister and Solicitor


CERTIFICATE OF ACKNOWLEDGMENT BY SPOUSE-DOWER ACT

  1. This document was acknowledged before me by ______________________ apart from ______________________.
  2. They acknowledged to me that they:
    1. are aware of the nature of the Agreement;
    2. are aware that the Dower Act of the Province of Alberta gives them a life estate in the homestead and the right to prevent disposition of the homestead by withholding consent;
    3. is consenting to this Agreement for the purpose of giving up the life estate and other dower rights in the homestead given to them by the Dower Act to the extent necessary to give effect to the said Agreement;
    4. is executing the document freely and voluntarily without any compulsion on the part of ______________________.

DATED at the City of ____________________________, in the Province of Alberta, this ________ day of ________________, 20_____.

 

________________________
Print Name: ____________
Barrister and Solicitor

CONSENT OF SPOUSE

I, ______________________, being married to the above named ______________________, do hereby give my consent to the disposition of our homestead, made in this Agreement and I have executed this document for the purpose of giving up my life estate and other dower rights in the said property given to me by the Dower Act of the Province of Alberta, to the extent necessary to give effect to the said disposition.

 

________________________
______________________

Last Updated December 27, 2023

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What is a Separation Agreement?

A Separation Agreement lists a married couple's choices when preparing to separate. It can document temporary (trial) or permanent separations. It is also known as a marital separation agreement. 

Generally, a Separation Agreement covers:

Looking for a Separation Agreement in French?

Use our Accord de Séparation.

What’s the difference between a trial separation and a permanent separation?

A couple may use a trial separation as a way to evaluate their marriage and to work on themselves as well as their relationship. In a trial separation, the couple may still get back together.

However, a trial separation becomes permanent if the couple chooses to stay separated but remain married. This happens when they decide they cannot reconcile problems in their relationship, but a divorce is not the final outcome they want to pursue.

Do the terms change when a trial separation becomes permanent in a Separation Agreement? 

The terms of the Separation Agreement do not change when a couple turns their trial separation into a permanent one. The terms will only change if the agreement uses time-specific language. The courts still see the couple as legally married until divorced, and the Separation Agreement remains valid.

How do Separation Agreements affect divorce proceedings?

Our Separation Agreement template helps you create a document when you and your spouse are ready to separate. It guides you step-by-step through each section. You can then submit the agreement during divorce proceedings.

Having a Separation Agreement makes the legal process easier by helping the judge understand the details of your separation.

The courts craft a divorce certificate or decree if the couple proceeds with the divorce paperwork. If the couple still agrees to the Separation Agreement’s terms, they could become the official terms listed in the divorce decree. The Separation Agreement itself is no longer used when the divorce becomes official.

How long must a couple be separated before they can divorce?

You and your spouse must live apart for at least a year before you can divorce. This rule does not apply if you file for divorce due to adultery or abuse.

What does “living separately and apart” mean?

Generally, living apart means you and your spouse no longer act as if you are married.  It doesn't necessarily mean you live at separate addresses. Evidence of living separately and apart can include:

  • Not participating in the same activities
  • Dividing household responsibilities
  • Segregating assets and finances
  • Refraining from sexual relations
  • Communicating less often
  • Eating meals separately

After separating, you might still live in the same home as your spouse for several reasons, like:

  • Creating a smooth transition process for other family members
  • Focusing on co-parenting and child support duties
  • Overcoming financial challenges

When should I use a Separation Agreement?

You should consider creating a Separation Agreement if you’re:

  • Getting divorced
  • Entering a trial separation with your spouse (i.e., you remain married but live apart)
  • Permanently separating from your spouse but want to stay legally married

The ideal time to use a Separation Agreement is when you and your spouse can easily agree on the terms you want to include. If you and your spouse agree to fair contract terms, the judge will likely enforce them.

Who is considered a spouse in this agreement?

Spouses are people who are legally married. 

Can I use this agreement if my partner and I are common-law? 

No, you have to be legally married to use a Separation Agreement. Although common-law partnerships have no formal separation process, you can complete a Cohabitation Agreement to avoid potential conflict. This is especially beneficial if you share property.

When done correctly, a Cohabitation Agreement is a legally enforceable document.

What should I include in the Separation Agreement?

Our questionnaire helps you to organize the following information in your marital Separation Agreement:

  1. General information
    If you want the Separation Agreement to be valid after the divorce 
    - The province where you and your spouse live
  2. Marriage details
    - Location where you were married
    - Your marriage date
  3. Party details 
    -
    Your name and address
    - Your spouse's name
    - If you and your spouse live at the same address
  4. Your child or children's address
    - Their name and date of birth
    - Custody information, living arrangements, and visitation rights
    - Child support and health insurance
    - Additional costs and tax credits
  5. Money and property information
    - Family home plans
    - Division of assets
    - Responsibility for debts
    - Spousal maintenance
  6. Final details
    - Information about pets
    - A non-harassment clause, where spouses agree not to interfere with each other’s daily lives (optional)
    - Any unique terms required for your situation that aren’t addressed in the template (optional)

What happens to my debt during a separation?

A marital separation does not dissolve your debt. You and your spouse must decide who will take responsibility for any outstanding debt you shared while together. Outstanding debt includes mortgages, loans, credit cards, or lines of credit.

Usually, you will not be responsible for any debt your spouse accumulated before marriage. You can avoid confusion by referring to your Prenuptial Agreement if you have one.  This agreement will specify your separate debts, property, or assets prior to marriage.

What are considered assets?

Assets are items or things of monetary value. A spouse may have sole ownership over an asset, like a family heirloom, but may also have shared or joint ownership over other assets, such as the matrimonial home. Some assets that you or your spouse might own include:

  • Bank accounts or trust funds
  • Credit cards or lines of credit
  • Cars or luxury vehicles
  • Livestock or pets
  • Land or property
  • Physical money
  • Electronics
  • Furniture
  • Jewellery

How do I discuss dividing assets with my spouse?

This conversation can be an emotional experience, but you can start by communicating honestly and respectfully with your spouse. Decide your goals and discuss what you want to achieve when dividing your assets.

Working on the Separation Agreement together can help keep you on track, ask questions, and clarify which assets matter most to you and your spouse.

How do we divide our assets? 

Some couples may leave the relationship with assets or property held solely in their name. Others may want to calculate each item’s value and then divide things equally between each other. Here are three suggestions to help you get started:

  1. List all of your assets, both jointly and individually.
  2. Appraise the value of your assets. You should seek an expert opinion for larger assets such as real estate or anything else that may be difficult to value.
  3. Decide who gets what. Go through your list of assets, evaluate each person’s ownership claim, and then decide who should keep what. Consider exchanging one larger item for several smaller items to ensure an equal split.

Are Separation Agreements legally binding?

In most cases, Separation Agreements are legally binding and recognized by the courts. However, there are situations where the agreement will be invalid or void in the court’s eyes, including when:

  • The terms of the agreement are not in your children's best interests
  • One spouse has not fully disclosed certain assets or liabilities
  • The terms of the separation are biased and unfair (i.e., it takes advantage of a spouse that is in a vulnerable emotional or financial state, or the agreement was signed under duress)

The courts may choose to invalidate the agreement using these terms to safeguard the interests of both parties. Some of the terms in the contract may even go against certain jurisdictional or federal laws. Voiding the Separation Agreement prevents someone from trying to enforce a noncompliant agreement.

Our legal team works hard to ensure LawDepot’s Separation Agreement template meets legal standards in each Canadian jurisdiction. However, it’s up to you to complete the form with your information. To ensure the validity of your agreement, it’s best practice to get a lawyer to review it upon completion.

Do both parties have to sign the Separation Agreement?

Both parties must sign the document for a Separation Agreement to become official. If your spouse refuses to sign the agreement, you can contact a lawyer or arbitrator to help settle the disagreement.

What is an arbitrator? 

An arbitrator is a specially-trained individual who plays a judge-like role in resolving conflicts. Family arbitrators meet with separating couples to help them to resolve their issues without going to court. Many family arbitrators are lawyers but can also be psychologists or social workers with special family law training. 

Arbitration is a faster, more private alternative to litigation, which involves taking lawsuits and disputes to court. You may also hire a lawyer though to represent you during the arbitration.

If you and your spouse cannot come to an agreement, then the arbitrator will decide for you. This is called a “family arbitration award.”

How do I avoid going through lawyers or arbitrators during a separation?

The less time you spend arguing with your ex, the less money you’ll waste on legal services. Avoid the hassle of dealing with lawyers or arbitrators by using LawDepot’s helpful template to guide your conversations. Then, craft a Separation Agreement with agreeable terms and conditions that you can present to your lawyer for a quick review.

Who can witness a Separation Agreement?

The legal requirements for witnesses for a Separation Agreement in Canada can vary by province and territory. All witnesses must be legal adults with capacity. However, each province or territory may have additional requirements. 

For example, Alberta requires that all Separation Agreements include a certificate of independent legal advice. This is often recommended. Other provinces, such as British Columbia and Saskatchewan, require Separation Agreements to be notarized.

Can I revoke or change a Separation Agreement?

A Separation Agreement can be revoked so that it is no longer in effect. If the parties choose to do so, they should create a written document stating that they both agree to revoke the Separation Agreement.

A Separation Agreement can also be modified or changed. These changes must also be documented in writing. Parties can also challenge the agreement if they were under duress when they signed or if they discover information that the other party had been hiding during the document’s creation.

This often comes in the form of financial information that the other party did not disclose.

Once the couple is divorced, they would have to go to court to change the divorce order.

What happens if my spouse and I reconcile?

Our template allows you to add new clauses, such as one that addresses reconciliation. For example, a reconciliation clause could state that you must follow the terms of the original agreement for at least 90 days after you reconcile as a couple.

Related documents

  • Prenuptial Agreement: Clarify financial responsibilities with your new spouse and protect your interests if you get re-married.
  • Cohabitation Agreement: Protect your interests as an unmarried couple wanting to live together.
  • Online Divorce: Prepare the necessary online documents to end your marriage.
  • Child Medical Consent: Grant another person the authority to make medical decisions for your child.
  • Child Travel Consent: Give parental permission for a child to travel with a designated companion or on their own.
  • Last Will and Testament: Control the distribution of your estate and appoint a legal guardian for any dependents that survive you.
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