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Amicable Separation Agreement
I need an Amicable Separation Agreement under Canadian law for a childless couple separating after 5 years of marriage, with a primary focus on dividing our condo and investment accounts, to be effective March 1, 2025.
1. Parties: Identifies and provides full legal names and addresses of both parties to the agreement
2. Background: Outlines the history of the relationship, date of marriage/cohabitation, date of separation, and current living arrangements
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Purpose and Intent: States the parties' intention to live separately and settle all matters arising from their separation
5. Living Arrangements: Confirms the parties' agreement to live separately and details any immediate living arrangements
6. Division of Property: Details how matrimonial property and assets will be divided between the parties
7. Division of Debts: Specifies how joint debts and liabilities will be handled and allocated
8. Spousal Support: Outlines any agreements regarding spousal support, including amount, duration, and terms
9. Release and Indemnity: Mutual releases of future claims and indemnification provisions
10. Future Dispute Resolution: Specifies how any future disputes regarding the agreement will be resolved
11. Independent Legal Advice: Confirms that both parties have received or had the opportunity to receive independent legal advice
12. General Provisions: Standard clauses including governing law, amendments, and severability
13. Execution: Signature block and witness requirements
1. Child Custody and Access: Required if the parties have children - details custody arrangements, visitation schedules, and decision-making responsibilities
2. Child Support: Required if the parties have children - specifies child support obligations including special expenses
3. Family Home: Required if there is a matrimonial home - details what will happen to the family home
4. Pension Division: Required if either party has pension benefits to be divided
5. Business Interests: Required if either party owns a business or there are joint business interests
6. Pets: Required if there are pets whose custody needs to be arranged
7. Insurance Policies: Required if there are life insurance or other policies to be maintained for benefit of spouse/children
8. Tax Provisions: Required if there are specific tax arrangements or implications to be addressed
9. Religious Divorce: Required if parties need to address religious divorce requirements
1. Schedule A - Assets and Liabilities: Detailed list of all assets and liabilities with agreed values and division
2. Schedule B - Child Support Calculations: Detailed calculations of child support obligations based on guidelines
3. Schedule C - Parenting Schedule: Detailed calendar and arrangements for shared parenting time
4. Schedule D - Property Appraisals: Professional appraisals of significant assets like homes or businesses
5. Schedule E - Financial Statements: Current financial statements of both parties
6. Schedule F - Insurance Policies: List and details of all relevant insurance policies
7. Appendix 1 - Certificates of Independent Legal Advice: Signed certificates from lawyers confirming independent legal advice
8. Appendix 2 - Supporting Documents: Copies of relevant supporting documents such as property titles or business valuations
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