The Living Together Separation Agreement is essential for common-law partners in Canada who are ending their cohabitation relationship and need to formally document their separation arrangements. This document becomes necessary when unmarried couples who have been living together decide to separate and need to address the division of shared assets, financial responsibilities, and other practical aspects of their separation. It's particularly important in Canadian jurisdictions where common-law relationships have specific legal recognition and rights. The agreement can cover various aspects including property division, financial arrangements, support obligations, and if applicable, arrangements for children or pets. It serves as a legally binding document that can be enforced through the court system if necessary, providing clarity and protection for both parties during and after their separation.
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1. Parties: Identification and contact details of both parties to the agreement
2. Background: Details of the relationship, including cohabitation period, date of separation, and general context
3. Definitions: Definitions of key terms used throughout the agreement
4. Acknowledgments: Statements confirming independent legal advice, full disclosure, and voluntary execution
5. Separation: Formal acknowledgment of separation and future living arrangements
6. Division of Property: General principles and approach to dividing shared property and assets
7. Financial Arrangements: Overview of how shared finances, debts, and ongoing expenses will be handled
8. Mutual Release: Release of future claims against each other's estate or property
9. Dispute Resolution: Process for resolving future disagreements about the agreement
10. Amendment and Review: Procedures for modifying the agreement and periodic reviews
11. Governing Law: Specification of applicable jurisdiction and governing law
12. Severability: Clause ensuring remainder of agreement stays valid if any part is found unenforceable
13. Execution: Signing and witnessing requirements
1. Children: Include when parties have children together - covers custody, access, support, and parenting arrangements
2. Pets: Include when parties have shared pets - covers ownership, care arrangements, and associated costs
3. Business Interests: Include when parties have shared business interests - covers division or continued operation
4. Spousal Support: Include when one party will provide financial support to the other
5. Health Insurance: Include when dealing with shared health insurance coverage or continuation
6. Tax Matters: Include when there are significant tax implications requiring specific arrangements
7. Intellectual Property: Include when parties have shared intellectual property rights
8. Future Dispute Costs: Include when parties want to specify how future legal costs will be handled
9. Confidentiality: Include when parties want to keep terms of separation private
10. Social Media: Include when parties want to establish guidelines about social media conduct
1. Schedule A - Property Division: Detailed list of all property and assets with assigned ownership
2. Schedule B - Household Items: Detailed division of household furniture, appliances, and personal items
3. Schedule C - Financial Accounts: List of all bank accounts, investments, and their agreed division
4. Schedule D - Debts and Liabilities: Comprehensive list of shared debts and responsibility for payment
5. Schedule E - Insurance Policies: List of insurance policies and agreed changes to beneficiaries
6. Appendix 1 - Financial Disclosure: Financial statements and supporting documents from both parties
7. Appendix 2 - Parenting Schedule: Detailed schedule for shared parenting time if children involved
8. Appendix 3 - Support Calculations: Detailed calculations for any support payments
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