Separation Agreement for Common Law or Same Sex Couple | Canada

Have you and your spouse decided to separate? If you live in Alberta, you can put the terms of the separation in writing with this Separation and Matrimonial Property Agreement.

• The Separation Agreement assumes that the parties own the matrimonial home (principal residence) as joint tenants.
• The parties agree to transfer title to the property into one name alone.
• The transferee of the title will buy out the share of the other party.
• Each party releases the other from any support or alimony claims.
• Neither party is entitled to pension benefits or RRSP of the other party.
• The Separation Agreement also provides for joint custody of minor children.
• This legal template is for married couples and cannot be used by cohabiting (common law) couples.
• Available in MS Word format.
• Intended to be used only in the Province of Alberta, Canada.

Have you and your spouse decided to separate? Put the terms of the separation in writing with this Separation Agreement for Canada.

• The Agreement provides for custody of and access to the children of the marriage (if any), and the amount of spousal support and child maintenance to be paid by one spouse to the other (if any).
• Joint debts will be paid by both parties, and debts owed by one of the individuals will be paid solely by the person owing the debt.
• The parties will agree on how property jointly owned by both spouses will be divided. Property owned by only one person will belong to that person.
• There is a section dealing with the disposition of the matrimonial home, which must be agreed on by both parties.
• Each spouse must list his or her assets and liabilities.
• The form includes an Affidavit of Execution form (to be sworn by a witness), a Certificate of Independent Legal Advice or an Acknowledgement and Waiver of Independent Legal Advice (whichever is appropriate).
• You will need to see a lawyer for independent legal advice before signing this form.

Ending a marriage is never easy, but putting everything in writing can smooth out some of the wrinkles. Download this Canada Separation Agreement to get you started.

Write up an Acknowledgement and Waiver of Independent Legal Advice for a client to sign with this template form for Canadian lawyers.

• The person signing the document acknowledges that he or she has been offered independent legal advice to advise him (her) of the ramifications, effect and scope of the document he or she is signing.
• The person has decided of his or her own free will to waive such independent legal advice.
• This form can be used anywhere in Canada.
• This is a reusable Canadian legal form. Purchase it, download it, save it as a template, use it as often as you require.
• To access the form, add it to your shopping cart and go through checkout, then download.

If you and your partner live in B.C. and want to keep specific assets as separate property, you need to sign a Cohabitation Agreement in accordance with the British Columbia Family Law Act.

• Couples who decide to live together instead of getting married do so for a reason. The Family Law Act may offer you additional rights and protections in some regards, but it may also impact your rights regarding your own separate property.
• This Cohabitation Agreement allows you to specify which separate assets belong to which party, and which assets and property are jointly owned by both partners.
• You can decide what will happen to your jointly owned assets if and when you separate and the relationship ends.
• The two of you can also determine how your children will be raised, cared for and supported.
• You will need to meet with a lawyer so that each of you can obtain independent legal advice before signing the Agreement.
• Signing a Cohabitation Agreement is a wise move. Download yours today, and discuss it with your lawyer so you know how the Family Law Act affects you.
• This legal document is only to be used in the Province of British Columbia, Canada.