Full And Final Settlement Agreement Divorce for Canada

Full And Final Settlement Agreement Divorce Template for Canada

A Full and Final Settlement Agreement for divorce under Canadian law is a comprehensive legal document that finalizes all aspects of a marriage dissolution. This agreement, governed by both federal and provincial legislation, addresses property division, support obligations, parenting arrangements (if applicable), and mutual releases of future claims. It serves as a binding contract between divorcing spouses that settles all financial and personal matters arising from their marriage and separation, ensuring compliance with the Canadian Divorce Act and relevant provincial family law statutes. The agreement typically requires independent legal advice for both parties and must meet specific formal requirements for validity in Canadian jurisdictions.

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What is a Full And Final Settlement Agreement Divorce?

The Full and Final Settlement Agreement Divorce is a crucial document in Canadian family law, typically prepared when divorcing spouses have reached agreement on all aspects of their separation and wish to formalize these terms in a legally binding document. It is used when parties have completed their financial disclosure, received independent legal advice, and are ready to conclusively settle all claims arising from their marriage. The agreement must comply with both federal legislation (primarily the Divorce Act) and provincial family law statutes. It serves multiple purposes: documenting the parties' agreements, preventing future claims, enabling property transfers, and establishing support obligations. This type of agreement is particularly important as it forms the basis for the divorce order and provides certainty and finality to both parties. The document should be drafted with careful attention to detail as it typically cannot be varied without significant cause, making it essential to address all current and foreseeable future issues.

What sections should be included in a Full And Final Settlement Agreement Divorce?

1. Parties: Identification of both spouses with full legal names and addresses

2. Background: Details of marriage, separation date, and current living arrangements

3. Definitions: Definitions of key terms used throughout the agreement

4. Release and Discharge: Mutual release of all claims except as set out in the agreement

5. Division of Property: General principles and overview of how matrimonial property is to be divided

6. Matrimonial Home: Disposition or transfer of the matrimonial home and associated obligations

7. Financial Disclosure: Acknowledgment of financial disclosure and list of documents exchanged

8. Spousal Support: Terms of spousal support or mutual waiver of support rights

9. Tax Matters: Treatment of tax issues, including filing status and transfer of credits

10. Future Rights: Waiver of future claims against estate and other future entitlements

11. Independent Legal Advice: Acknowledgment of receiving independent legal advice

12. General Provisions: Standard clauses including severability, governing law, and amendments

13. Execution: Signature blocks and witness requirements

What sections are optional to include in a Full And Final Settlement Agreement Divorce?

1. Child Custody and Access: Required if there are dependent children - details parenting arrangements and decision-making authority

2. Child Support: Required if there are dependent children - outlines support obligations and special expenses

3. Post-Secondary Education: Optional section for agreements regarding children's future education funding

4. Life Insurance: Required if there are support obligations - details insurance requirements to secure support

5. Business Interests: Required if either party owns a business - addresses valuation and division

6. International Assets: Required if parties have assets in multiple jurisdictions

7. Pets: Optional section dealing with ownership and care of family pets

8. Religious Divorce: Required for couples requiring religious divorce procedures

9. Debt Allocation: Required if there are significant joint or individual debts to be addressed

10. Mediation Clause: Optional dispute resolution mechanism for future disagreements

What schedules should be included in a Full And Final Settlement Agreement Divorce?

1. Schedule A - Assets: Detailed listing of all matrimonial assets and their agreed values

2. Schedule B - Debts: Comprehensive list of all debts and liabilities

3. Schedule C - Property Transfer List: Specific items being transferred between parties

4. Schedule D - Financial Statements: Financial statements of both parties as of separation date

5. Schedule E - Support Calculations: Detailed calculations for child and/or spousal support

6. Schedule F - Parenting Schedule: Detailed parenting time schedule if applicable

7. Appendix 1 - Property Appraisals: Professional appraisals of significant assets

8. Appendix 2 - Business Valuations: Professional valuations of business interests if applicable

9. Appendix 3 - Pension Valuations: Actuarial valuations of pension benefits

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
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Relevant Roles

Family Law Attorney

Divorce Lawyer

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Paralegal

Family Court Judge

Mediator

Financial Advisor

Estate Planner

Family Law Legal Assistant

Divorce Financial Analyst

Property Appraiser

Business Valuator

Actuary

Tax Advisor

Family Law Clerk

Legal Document Specialist

Settlement Conference Officer

Family Law Mediator

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