Write your own separation agreement
Section 7: Conclusion
Your basic information
Enter the same short names for you, the other person, and your children that you used in the Introductory clauses. They will then appear below in place of Party 1, Party 2, or Name.
If you want to limit each other's claims against each other to what's included in this agreement, include clause 1. This means that, unless it's specified in the agreement, you can't change the terms of your separation.
Except as otherwise provided in this agreement, each of us gives up any claim against the other, to the other’s property, or to any right that may be claimed through the other.
This clause states that the process by which you both made this agreement was fair and that you both fully understand what's in the agreement. This clause is automatically included because it must be included in your agreement.
This agreement has been fairly negotiated and represents the intentions and expectations of Name and Name. Each of us acknowledges that we:
- have read the entire agreement carefully
- know and understand the contents of this agreement
- are fully aware of the effect, purpose, and intent of this agreement
- are signing this agreement voluntarily without any undue influence or coercion by the other person or anyone else
The following clauses set out whether you have each spoken to your own lawyer to make sure the agreement is fair and understandable.
Decide which clauses apply to your situation. Click Don't include for the clauses that don't apply. You should have two appropriate statements, one for each person.
Party 1 has received legal advice from their own lawyer.
Party 2 has received legal advice from their own lawyer.
Party 1 is aware that they are entitled to get legal advice from their own lawyer, but decided not to.
Party 2 is aware that they are entitled to get legal advice from their own lawyer, but decided not to.
Full disclosure is critical to a fair agreement. The court can overturn an agreement if either of you didn't share all the information you both needed to fully understand the rights and obligations involved. This clause must be included in your agreement.
As required by the Family Law Act, we have both provided full and true information to one another for the purpose of resolving our family law dispute. This includes, but is not limited to, information about our assets, debts, income, and prospects.
Steps needed to make the agreement work
There are often steps each person needs to take to make the agreement work. For example:
- transferring property,
- closing bank accounts,
- paying debts, or
- providing post-dated cheques.
- Decide which clauses apply to your situation. Click Don't include for the ones that don't apply.
- For clauses 6 and 7, in the text boxes, list the steps or tasks each of you is responsible for.
We must take the following steps to make this agreement work:
Party 1 is responsible for the following:
Party 2 is responsible for the following:
Changing the agreement
If you decide to change your agreement later, you'll have to draw up a new agreement that addresses the specific change you want to make. You should specify that changes to the agreement will be made in writing.
Any changes to this agreement must be made in writing and signed by both of us.
If you decide that this agreement is the whole agreement, include the following clause. This means that you won't be including anything further in a separate agreement.
While negotiating this agreement, we explored a variety of ideas and tentative arrangements, but all of these are replaced by this agreement. This is the entire agreement between us.
It's helpful to have some clauses that address how you'll resolve any disputes that come up about how the agreement is supposed to work. This can include mediation, collaborative family law, a parenting coordinator, and arbitration. (Arbitration is when you and the other person hire someone to hear your case and make a decision.) For more information, see Staying out of court.
If you plan to use mediation to resolve some or all disputes, decide which of the clauses below apply to your situation. Click Don't include for the clauses that don't apply.
We will make our best efforts to resolve disputes arising from this agreement about the following matters through mediation before taking court proceedings:
Collaborative family law
If you plan to use collaborative family law to resolve some or all disputes, decide which of the clauses below apply to your situation. Click Don't include for the clauses that don't apply.
We will make our best efforts to resolve disputes arising from this agreement about the following matters through collaborative family law before taking court proceedings:
If you plan to use a parenting coordinator to resolve some or all disputes, decide whether the clause below applies to your situation. Click Don't include if it doesn't apply.
Name and Name will refer any dispute about parenting to a parenting coordinator.
If you plan to use arbitration to resolve some or all disputes, decide whether the clause below applies to your situation. Click Don't include if it doesn't apply.
If we are not able to resolve our dispute through mediation/the collaborative family law process, the dispute will be determined by an arbitrator appointed by agreement between us.
You both must sign the agreement. It's best to have someone witness your signatures, especially if the agreement deals with property.
- Decide whether you're going to have your signatures witnessed. If not, click Don't include for clause 24.
- Review all of the information you've included to make sure it's correct. Then:
- Click Open text version. A text copy of this section of the agreement will appear in a new browser window.
- Copy and paste the text into a word processor.
- Go through the section and number each clause. Continue the numbering from where you left off with the previous section. Be sure to save your file.