A separation agreement is a written document used to finally divide family and personal assets at the time of the marriage breakdown. The agreement deals with assets such as: employment pensions, RRSPs, the family home, vehicles, recreational property, jewelery, Canada Pension Plan credits, inheritances, bank accounts, and will set out who keeps what and which assets will be divided.

Separation agreements are also very often used to set out the agreement the spouses have reached about child and spousal support and the custody and care of their children after they separate.

Separation agreements are often negotiated by the separating spouses with the help of a mediator, usually a specially trained family lawyer, or through each spouse's family lawyer. Full financial disclosure between spouses and independent legal advice for each spouse are essential ingredients to a thorough, fair and enforceable separation agreement.

It is important that your separation agreement be written in plain English and that you understand the terms and consequences of your agreement clearly

 

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