the parties wish to enter into a comprehensive settlement agreement which will fairly settle their marital and financial rights and obligations in all respects; and
the parties have agreed to live separate and apart and have in fact lived separate and apart continuously since_____________________________.
The parties have agreed to settle all issues between them
The parties agree that if the marriage is dissolved, the terms wife and husband will be construed to mean ‘former wife” and former husband in the following agreement.
The parties have agreed to enter into the following agreement which is a domestic contract within the meaning of the Family Law Act, R.S.O. 1990, c.F.3
Accordingly, the parties agree as follows:

II.LIVING SEPARATE AND APART

The husband and the Wife will live separatee and apart from each other for the rest of their lives.

III.FREEDOM FROM THE OTHER

The husband and the wife will not annoy, harass, molest or in any way interfere with the other or attempt to compel the other to live with him or her.

IV.CUSTODY AND ACCESS

The wife will have custody of the children and the husband will have liberal access.

Neither party will remove the children from the Municipality of Ottawa without the written consent of the other, except for a brief vacation

V.PARENTING/JOINT LEGAL CUSTODY

The Mother and Father shall have joint legal custody of the minor children of the parties. The children will have their primary residence in the home of the wife/mother and the wife will have the day-to-day care and control of the children

The children best interest will always be paramount.

There will be full disclosure between the parties on all matters affecting the welfare of the children and the parties will confer as often a necessary to resolve any such matter.

The husband will have the right to visit frequently with the children outside wife’s residence as often as is reasonably convenient to the wife, husband, and children.

The wife will have the right to obtain passports for the children and the husband consents to the issuance of same.

VI.JOINT LEGAL CUSTODY

The children of the marriage will be in the joint custody of the parties and will ordinarily reside with the wife.

The husband will have every reasonable and liberal opportunity to visit the children and to have the children visit him including the right to have the children to stay overnight with him or to take the children away with him from time to time as may be agreed.

VII.CHILD SUPPORT

Basic Child Support – Commencing _on the 15th of each month_, the _husband_ shall pay to the _wife_ as and for the basic support of the children the sum of _$1200_ per _month_ and continuing until the following occurs:

1.The child cease to reside full time with wife and reside full time includes the child living away from home to attend an educational institution, pursue summer employment or vacation but otherwise maintaining a residence with the wife.

The child becomes 18 years of age and cease to be in full time attendance at an educational institution.

The child becomes 18 years of age.
The Child marries
The wife dies or the Husband dies.

Each such payment shall be made by check sent by mail or direct deposited to a designated account. The parties agree and acknowledge that said payments are to be made in advance.

VIII.SPOUSAL SUPPORT

The husband will pay to the wife for her support the sum of $500 on the 28 of each month.

Subject to this payment, each of the parties:

Releases the other from all obligations to provide support or interim support pursuant to the Family Law Act, or Divorce Act or any other relevant statute or law of Ontario or any other relevant Jurisdiction.

The parties acknowledge that upon this payment, each of the parties will be financially independent and will not require financial assistance from the other.

IX.MATRIMONIAL HOME

The husband and wife hold in joint tenancy the matrimonial home municipally known as _______________________________________________________(Address of the home), which is a matrimonial home within the meaning of the Family Law Act. The husband hereby transfers all of his right, title and interest in the property to the wife and concurrently with the execution of this agreement, will execute a conveyance of the matrimonial home and will indemnify the husband from all liability relating to the matrimonial home.

X.DEBTS AND OBLIGATIONS OF THE PARTIES

A. The Husband and Wife shall be responsible for and pay for the debts. Husband promises to hold the Wife harmless and indemnified from the debts allocated thereon to him; Wife promises to hold the Husband harmless and indemnified from the debts allocated thereon to her.

(If all debts in individual names):

A. The Husband and Wife shall be responsible for and pay for the debts in his/her name, alone. Husband promises to hold the Wife harmless and indemnified from the debts in his name; Wife promises to hold the Husband harmless and indemnified from the debts in her name.

B. Except as otherwise set forth in this Agreement, neither of the parties shall, at any time, contract any debts, charges or liabilities whatsoever for which the other party, his/her legal representatives, heirs and assigns or their property or estate shall or may become liable; each of the parties shall keep the other party, their legal representatives, heirs and assigns free, harmless and indemnified of and from any and all debts, charges and liabilities heretofore or hereafter contracted or incurred by said parties, including any future obligations incurred by either party for necessaries for himself or herself, or for the children of the parties, if any, except where either party is responsible for the same under this Agreement.

XI.GENERAL TERMS

SEPARATION OF THE PARTIES

The parties may and shall, always hereafter, live separate and apart. Each shall be free from interference, authority, and control, direct or indirect, by the other as fully as if he/she were unmarried. Each may reside at such place or places as he/she may select, except as otherwise provided in this Agreement. Each may, for his/her separate use and benefit, conduct, carry on and engage in any business, profession, or employment which to him/her may seem advisable. Neither party hereto shall attempt, by legal or other proceedings, to compel the other party to cohabit with him/her.

PEACEABLE WAY

The parties shall not disturb or trouble each other, in any way publish, speak or circulate slanderous matter of or against each other, but shall live separate and apart in a quiet and peaceable way, according to the true intent of this Agreement.

FAILURE OF PERFORMANCE

If either party fails in the due performance of any of his/her obligations hereunder, the other party shall have the right at his/her election to sue for damages for a breach thereof and seek such legal remedies as may be available to the aggrieved party. Nothing herein contained shall be construed to restrict or impair the right of either party to exercise this election.

STRICT PERFORMANCE

The failure of either party to insist in any one or more instances upon the strict performance of any of the terms of this Agreement on the other party's part to be performed, or to exercise any option, or make any election herein contained or provided for, shall not be construed as a waiver or relinquishment for the future of any term, option, or election, and the same shall continue in full force and effect. No waiver or relinquishment shall be deemed to have been made by either party, unless in writing and duly signed by such party.

OWNERSHIP OF REAL AND PERSONAL PROPERTY

Except as herein provided to the contrary, each party shall own, have and enjoy independently of any claim or right of the other party, all personal and real property belonging to him/her solely, and now in his/her possession, or which may hereafter belong to him/her solely, with full power of disposition during his/her lifetime or after the death of each, as though he/she were unmarried.

MUTUAL RELEASES

Each of the parties hereby releases the other of and from any claims, demands dues, debts, rights or causes of action, including, but not by way of limitation, equitable distribution.

MODIFICATION

No modification or waiver of this Agreement or any part thereof, shall be valid or effective unless in writing signed by the party sought to be charged therewith, and no waiver of any breach of condition of this Agreement shall be deemed to be a waiver of any other subsequent breach or condition, whether of like or different nature.

BINDING ON HEIRS

All of the provisions of this Agreement shall be binding upon the respective heirs, next-of-kin, executors, administrators and assigns of the parties hereto.

EFFECT OF BANKRUPTCY OR ASSIGNMENT

A. No claim in favor of either party and against the other party arising out of this Agreement shall be dischargeable in bankruptcy by such party but shall survive the filing of any bankruptcy petition filed by such party in any bankruptcy proceedings, including a general assignment for the benefit of creditors and any other insolvency proceedings that shall be deemed binding and enforceable until this Agreement is fully performed and discharged according to its terms.

B. To the extent that any obligation arising under this Agreement may be discharged, canceled, terminated, diminished, or in any way affected by the filing of a petition in bankruptcy, or by the making of an assignment for the benefit of creditors, the party adversely affected by such action shall be entitled to apply to any court of competent jurisdiction for modification of this agreement and any order or decree into which it may hereafter be incorporated. The party who files such petition in bankruptcy or who makes an assignment for the benefit of creditors hereby consents that in any proceeding brought by the other party pursuant to this provision, the court hearing the same may grant economic relief of any kind or nature to relieve the other party of the adverse impact of bankruptcy or assignment, irrespective of the otherwise applicable standards for such relief, including, but not limited to, the granting of maintenance to a party who would otherwise not qualify for such relief under the criteria of the particular jurisdiction.

SPECIAL CLAUSE

In the event that any term, provision, paragraph or Article of this Agreement is declared illegal, void or unenforceable, the same shall not affect or impair the other terms, provisions, paragraphs or Articles of this Agreement. The doctrine of severability shall be applied. The parties do not intend by this statement to imply the illegality, voidability or unenforceability of any term, provision, paragraph, or Article of this Agreement.

CONSTRUCTION

This Agreement shall be construed in accordance with the laws of the province of Ontario entirely independent of the forum where this Agreement or any part thereof may come up for construction and/or enforcement. If a Court of competent jurisdiction shall at any time hold that a portion of this Agreement is invalid, the remainder shall not be affected thereby and shall continue in full force and effect.

IMPLEMENTATION OF AGREEMENT

Each of the parties shall at any time, and from time-to-time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all instruments and assurances that the other party may reasonably require or find convenient, expedient or businesslike, for the purpose of giving full force and effect to the provisions of this Agreement.

NOTICES

Notices required by this Agreement to be sent to either party shall be sufficient if sent to the particular party by regular mail or official email(s) provided.

LEGAL EFFECT

Even though this agreement was prepared in substantial part by one of the attorneys involved in this case, it is the result of the joint efforts of all parties and any ambiguities which may be contained in this agreement are not to be construed against the drafter of the agreement.

XII.DISCLOSURE

A. Husband and Wife have represented to one another throughout the Collaborative Law process that their negotiations have been in good faith. Each of the parties and their respective attorneys entered into the Collaborative Participation Agreement at the beginning of their negotiations, a true and correct copy of which is annexed hereto and made a part hereof. Each of the parties has had fully and completely disclosed all information necessary or requested in order to resolve the parties' issues equitably and acceptably.

B. The parties acknowledge that no independent investigation has been made by their respective attorneys of the character or of the value of the parties’ property, or the extent of debt or amount of income of the parties, other than an inspection of income tax returns and the sworn Statements of Net Worth of the parties. The parties have instructed counsel that they desire to make this Agreement without any further independent investigation by counsel. The parties understand and acknowledge that they are relying on their mutual disclosures, including their Statements of Net Worth, in making this Agreement, and that they are not relying on their counsel for any independent verifications of the accuracy or completeness of those disclosures.

C. This Agreement has been fully explained to each party by his and her respective Collaborative Attorney. Each party has carefully read this Agreement and is aware of its contents and legal effect. Each party acknowledges that he and she have made such investigation of assets and obligations of the parties and of the value and amount thereof as each party has deemed sufficient and necessary for his and her own purposes in negotiating this Agreement.

D. Neither party requires any further information from the other in order to knowingly and intelligently sign this Agreement. Each party states that this Agreement contains the entire understanding of the parties and that there are no other representations, promises, warranties, covenants or understandings other than those expressly set forth herein.

XIII.RESOLUTION OF ANY FUTURE ISSUES

It is possible that in the future the parties may have a difference of opinion with one another concerning the interpretation of this Agreement and the resulting decree or Judgment of Divorce based on the Agreement or concerning modification of support or parenting provisions of this Agreement. Notwithstanding this, the parties wish to not resort to the court before reasonable non-court alternatives have first been employed. The parties agree, therefore, that it is in their best interests and the interests of their children to resolve informally any issues that may arise in the future as set forth below, except in the case of urgent or emergency situations which would reasonably prevent such resolutions or make them impracticable:

A. As a first step in resolving future differences, if any, the parties first will attempt in good faith to confer with one another orally.

B. If speaking with one another is unsuccessful, then as the second step the parties will try to achieve resolution in writing, with each of them to present to the other a proposed modification to and/or implementation of this Agreement.

C. If there is no resolution at the end of the second step, as a third step the parties shall retain a mediator/other neutral party, or each retain Collaborative Lawyers and reconvene the collaborative process pursuant to the Participation Agreement previously signed in this proceeding.

D. If there is no resolution after a good faith effort at the third step, either party may commence contested court proceedings.

XIV.RELEASES AND WAIVERS OF ESTATE RIGHTS

A. Except as otherwise provided in this Agreement, the Wife agrees to release, and hereby does release, any and all claims that she may have to or upon the property of the Husband, whether real or personal and whether now or hereafter acquired, to the end that he shall have the free unrestricted right to dispose of his property now owned or hereafter acquired, free from any claim or demand of the Wife and so that his estate and all income therefrom derived or to be derived shall go and belong to the person or persons who become entitled thereto by Will or devise, bequest, intestacy, administration or otherwise, as if the Wife had died during the lifetime of the Husband, and without in any manner limiting the foregoing, the Wife expressly relinquishes any and all rights in the estate of the Husband and expressly relinquishes any and all right of election to take any share of the estate of the Husband, and any and all other right and interest in any real and personal property of which the Husband may die seized or possessed, and the Wife, renounces and covenants to renounce, any right of administration upon the estate of the Husband if and as required or permitted by the laws or practice of any jurisdiction whatsoever. The Wife hereby explicitly renounces any testamentary disposition in her favor made prior to the execution of this Agreement, including any provision in a prior Will, life insurance or any other item which could be construed as a testamentary substitute pursuant to the Estates, Powers and Trusts Law of the province of Ontario.

B. Except as otherwise provided in this Agreement, the Husband agrees to release, and does hereby release, any and all claims that he may have to or upon the property of the Wife, whether real or personal and whether now owned or hereafter acquired, to the end that she shall have the free and unrestricted right to dispose of her property now owned or hereafter acquired, free from any claim or demand of the Husband and so that her estate and all income therefrom derived or to be derived shall go and belong to the person or persons who become entitled thereto by will or devise, bequest, intestacy, administration or otherwise, as if the Husband had died during the lifetime of the Wife and, without in any manner limiting the foregoing, the Husband expressly relinquishes any and all rights in the estate of the Wife and expressly relinquishes any and all right of election to take any share of the estate of the Wife, as in intestacy, including, without limiting the foregoing, any right of election pursuant to the provisions of Section 5-1.1 of the Estates, Powers and Trusts Law of the Ontario province.

C. Except for the obligations, promises and agreements herein set forth and to be performed by the parties hereto, which are hereby expressly reserved, each of the parties hereto hereby, for himself and herself and for his or her legal representatives, forever releases and discharges the other of them and his or her heirs and legal representatives from any and all debts, sums of money, accounts, contracts, claims, cause or causes of action, suits, dues, reckonings, bonds, bills, specialties, covenants, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions and demands whatsoever, in law or in equity, which each of them had, now has or hereafter can, shall, or may have by reason of any matter.

D. Renunciation of Bequests – Each party expressly renounces and refuses to accept any gift, legacy or bequest provided to him or her by virtue of the Last Will and Testament previously made by the other. Each party further expressly renounces and refuses to accept any benefit or payment payable upon the death of the other party by virtue of such party's retirement, pension or profit-sharing plan, annuity, life insurance or other assets except as otherwise stated in this agreement.

It is the intention of the parties that their respective estates shall be administered and distributed in all respects as though no marriage had been solemnized between them. However, nothing herein contained is intended to or shall constitute a waiver, by either party, of any voluntary testamentary provision which may hereafter be made in his or her favor by the other party.

E. Revocation of Powers of Attorney - Each party, by signing this agreement, does hereby revoke any Powers of Attorney or Health Care Proxy heretofore given by him or her to the other party.

XV.RECONCILIATION AND MATRIMONIAL DECREE

A. This Agreement shall not be invalidated or otherwise affected by a temporary reconciliation between the parties hereto or by a resumption of marital relations between them unless said reconciliation or said resumption is accompanied by a written statement signed by the parties with respect to said reconciliation and resumption and, in addition, setting forth that they are canceling this Agreement. This Agreement shall not be invalidated or otherwise affected by any decree or judgment of separation or divorce made by any Court in any action which may hereafter be instituted by either party against the other for a separation or divorce. The obligations and covenants of this Agreement shall survive any decree or judgment of separation or divorce and shall not merge therein.

B. In the event of any decree of divorce, all of the terms and conditions of this Agreement shall be embodied or incorporated by reference in such decree.

C. Nothing in this Agreement shall be deemed to condone or waive any ground which either party may have against the other for divorce.

D. Agreement Stays In Force - Notwithstanding the above, in the event that the parties hereafter reconcile and resume cohabitation with one another under circumstances evidencing an intent to abandon this Agreement or; if the parties, subsequent to the granting of a divorce dissolving their marriage, thereafter, remarry each other, the terms and conditions of this Agreement shall not be vitiated or rendered nugatory, but the terms and conditions of this Agreement shall be deemed an agreement during marriage pursuant to Ontario Family Law Act (FLA), and shall be in full force and effect in the event of the subsequent physical separation of the parties, or subsequent divorce or legal separation of the parties.

IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement the day and year first above written.

______________________________

ACKNOWLEDGMENTS

City of Ottawa)

Ontario, Canada)

On the ___ day of _____________ in the year _______ before me, the undersigned, a Notary Public in and for said state, personally appeared ____________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument.

_______________________________

Notary Public/Commissioner of Oaths

City of Ottawa)

Ontario, Canada)

On the ___ day of _____________ in the year _______ before me, the undersigned, a Notary Public in and for said state, personally appeared ____________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument.

_______________________________

Notary Public/ Commissioner of Oaths

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Separation Agreement

I.BACKGROUND