A Consent Decree Divorce document is utilized in Canadian jurisdictions when both spouses have reached a complete agreement on all aspects of their divorce settlement. This type of document combines the formal divorce application with a comprehensive settlement agreement, detailing arrangements for property division, support obligations, and child-related matters if applicable. It must comply with the federal Divorce Act and relevant provincial family law legislation, requiring court approval despite its consensual nature. The document is particularly valuable as it can expedite the divorce process, reduce legal costs, and minimize emotional stress compared to contested divorces. The Consent Decree Divorce must include specific statutory requirements and declarations, such as confirmation of a one-year separation period and arrangements for any children of the marriage.
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1. Parties: Identification of both spouses, including full legal names, addresses, and occupations
2. Background: Details of the marriage, including date and place of marriage, date of separation, and confirmation that reconciliation has been considered
3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty
4. Grounds for Divorce: Statement confirming one-year separation as grounds for divorce
5. Jurisdiction: Confirmation of the court's jurisdiction to grant the divorce
6. Independent Legal Advice: Confirmation that both parties have received or had the opportunity to receive independent legal advice
7. Full and Final Settlement: Statement that this agreement represents a complete settlement of all matters related to the divorce
8. Release of Claims: Mutual release of future claims against each other except as provided in the agreement
9. Amendment and Waiver: Provisions for how the agreement can be modified and requirements for waivers
10. Governing Law: Specification that the agreement is governed by Canadian law and applicable provincial legislation
11. Severability: Provision stating that if any part of the agreement is found invalid, the rest remains in effect
12. Execution: Signature block and witnessing requirements
1. Child Custody and Access: Required if there are children of the marriage; details parenting arrangements, decision-making responsibility, and parenting time
2. Child Support: Required if there are children of the marriage; specifies support amounts, special expenses, and review mechanisms
3. Spousal Support: Include if spousal support is being paid or waived
4. Division of Property: Required if there are matrimonial assets to be divided
5. Pension Division: Include if either party has pension assets to be divided
6. Business Interests: Include if either party owns business interests that need to be addressed
7. Life Insurance: Include if life insurance is being maintained as security for support obligations
8. Dispute Resolution: Optional section outlining process for resolving future disputes
9. Tax Provisions: Include if there are specific tax arrangements or implications to address
10. Matrimonial Home: Required if there is a matrimonial home to be dealt with
1. Schedule A - Assets and Liabilities: Detailed list of all matrimonial assets and debts and their agreed disposition
2. Schedule B - Child Support Calculations: Detailed calculations of child support obligations based on Federal Child Support Guidelines
3. Schedule C - Parenting Schedule: Detailed schedule of parenting time and holiday arrangements if children are involved
4. Schedule D - Property Valuations: Professional valuations of significant assets such as real estate or businesses
5. Schedule E - Insurance Policies: Details of life insurance policies being maintained as security
6. Appendix 1 - Financial Statements: Sworn financial statements of both parties
7. Appendix 2 - Certificates of Independent Legal Advice: Signed certificates from lawyers confirming independent legal advice
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