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Separation Agreement - Sample documents?

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Old 9th November 2004, 12:56 PM   #1
MWC_LifeBeginsAt40
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Separation Agreement - Sample documents?

Does anyone know where I can find a FREE sample separation agreement? I'm meeting with a lawyer this afternoon, and I want to save $$$ and have most of it drawn up myself.

Since we will still be living together until March 1, we only need to settle our mortgage. My new mortgage needs approval, so I need my name taken off the title of our current mortgage which my STBX is buying out.

Everything else will be 50-50. IE. the kids. We don't really need to decide about our pensions yet, do we? It is a fairly amicable split, so far. I think if we proceed with divorce, that is when we will look at everything else...right?

How much should it cost in Canada for this?
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Old 10th November 2004, 1:22 PM   #2
Scott S
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Re: Separation Agreement - Sample documents?

Is this a legal separation as part of a divorce proceeding, or only a trial separation? The reason I’m asking is that when you said divorce, you said “IF,” not “WHEN.”

You could probably do a web search & find quite a few examples. Some of the issues to address are who pays which bills, whether joint bank accounts will continue to be maintained or you will open separate accounts, division of the funds therein, living arrangements, that is, who is moving out & who remains in the marital home, child custody & visitation, child support payments, maintaining insurance coverage, & other things. Your pensions should definitely be addressed at this time. The more you have reduced to writing, the less likely a dispute will arise in the future.

If it’s a trial separation, ostensibly its purpose is to help resolve the problems, head off a divorce, & eventually reconcile. So things to address in this case would also include the length of the separation, time to be spent together, couples counseling, personal growth experiences, & relationships outside the marriage.
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Old 11th November 2004, 3:50 PM   #3
MWC_LifeBeginsAt40
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There isn't a legal proceeding for separation in Canada - you just have to be living apart for a year, then a divorce can be granted. We can come up with the separation agreement ourselves, I did find a couple of samples online. I met with a lawyer, and I am a pushover and I know he will take me for alot of $$$$.

So I want to be careful and get as much info as I can. Thanks for your help I think I do have what I need for now.
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