The Release of Marital Agreement is a crucial document used when formerly married or separating couples wish to formally terminate their financial and legal obligations to each other under Canadian law. This agreement is typically executed after divorce proceedings or as part of a separation process, where both parties have received independent legal advice and made full financial disclosure. The document must comply with both federal divorce legislation and provincial family law requirements, particularly regarding property division and support obligations. A properly executed Release of Marital Agreement provides legal certainty and finality by preventing future claims related to the marriage, covering aspects such as property division, spousal support, pension rights, and other matrimonial interests. It's essential that the agreement meets all formal requirements for validity and enforceability under the applicable provincial legislation.
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1. Parties: Identification of both spouses, including full legal names, addresses, and any other relevant identifying information
2. Background: Details of the marriage, separation date, and any previous agreements or court orders
3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty
4. Acknowledgments: Statements confirming both parties have received independent legal advice, understand their rights, and have made full financial disclosure
5. Release of Claims: Comprehensive release of all claims between parties including property division, support, and other matrimonial rights
6. Mutual Release: Both parties' agreement to release each other from all claims arising from the marriage
7. Financial Disclosure: Confirmation that both parties have made full and frank disclosure of their financial situations
8. Independent Legal Advice: Confirmation that both parties have received independent legal advice before signing
9. Governing Law: Specification that the agreement is governed by Canadian law and the applicable provincial jurisdiction
10. Entire Agreement: Confirmation that this document represents the complete agreement between parties
11. Execution: Signing requirements and witness provisions
1. Pension Rights: Specific release of pension rights and benefits - include when either party has pension entitlements
2. Insurance Policies: Provisions regarding life insurance policies - include when there are existing policies to be addressed
3. Tax Implications: Specific provisions about tax consequences - include when significant tax implications exist
4. Business Interests: Release of claims related to business interests - include when either party owns a business
5. Inheritance Rights: Release of future inheritance rights - include when there are potential inheritance considerations
6. Survival of Previous Agreements: Provisions about survival of certain terms from previous agreements - include when prior agreements exist
7. Religious Divorce: Provisions regarding religious divorce requirements - include for couples requiring religious divorce proceedings
8. Confidentiality: Provisions for maintaining confidentiality - include when privacy is a particular concern
1. Schedule A - Assets and Liabilities: Detailed list of all assets and liabilities of both parties
2. Schedule B - Financial Disclosure: Detailed financial statements of both parties including income, expenses, assets, and liabilities
3. Schedule C - Certificates of Independent Legal Advice: Signed certificates from lawyers confirming independent legal advice was provided
4. Schedule D - Property Valuations: Professional valuations of significant assets such as real estate or businesses
5. Appendix 1 - Previous Court Orders: Copies of any relevant court orders affecting the parties
6. Appendix 2 - Previous Agreements: Copies of any previous separation agreements or other relevant agreements
Relevant legal definitions
Agreement
Marriage
Separation Date
Matrimonial Home
Family Property
Separate Property
Matrimonial Property
Effective Date
Independent Legal Advice
Financial Disclosure
Release
Claims
Court Order
Spousal Support
Pension Benefits
Dependent
Marriage Date
Previous Agreements
Excluded Property
Net Family Property
Valuation Date
Matrimonial Rights
Full and Final Release
Civil Marriage
Religious Marriage
Marital Status
Matrimonial Rights and Obligations
Property Division
Cohabitation Period
Business Assets
Investment Assets
Household Contents
Joint Assets
Separate Assets
Matrimonial Liabilities
Future Claims
Surviving Obligations
Governing Law
Jurisdiction
Marriage
Separation Date
Matrimonial Home
Family Property
Separate Property
Matrimonial Property
Effective Date
Independent Legal Advice
Financial Disclosure
Release
Claims
Court Order
Spousal Support
Pension Benefits
Dependent
Marriage Date
Previous Agreements
Excluded Property
Net Family Property
Valuation Date
Matrimonial Rights
Full and Final Release
Civil Marriage
Religious Marriage
Marital Status
Matrimonial Rights and Obligations
Property Division
Cohabitation Period
Business Assets
Investment Assets
Household Contents
Joint Assets
Separate Assets
Matrimonial Liabilities
Future Claims
Surviving Obligations
Governing Law
Jurisdiction
Clauses
Acknowledgment
Representation and Warranty
Release and Discharge
Mutual Release
Financial Disclosure
Independent Legal Advice
Property Division
Indemnification
Confidentiality
Severability
Amendment
Governing Law
Jurisdiction
Entire Agreement
Further Assurance
Binding Effect
Non-Merger
Execution
Waiver
Survival
Notice
Assignment
Compliance with Law
Dispute Resolution
Recitals
Interpretation
Voluntary Agreement
Legal Costs
Tax Matters
Enforcement
Representation and Warranty
Release and Discharge
Mutual Release
Financial Disclosure
Independent Legal Advice
Property Division
Indemnification
Confidentiality
Severability
Amendment
Governing Law
Jurisdiction
Entire Agreement
Further Assurance
Binding Effect
Non-Merger
Execution
Waiver
Survival
Notice
Assignment
Compliance with Law
Dispute Resolution
Recitals
Interpretation
Voluntary Agreement
Legal Costs
Tax Matters
Enforcement
Relevant Industries
Legal Services
Financial Services
Professional Services
Family Services
Social Services
Public Sector
Insurance
Real Estate
Banking
Wealth Management
Relevant Teams
Legal
Family Law
Dispute Resolution
Document Processing
Client Relations
Compliance
Administrative Support
Court Services
Legal Aid
Alternative Dispute Resolution
Relevant Roles
Family Law Attorney
Legal Associate
Paralegal
Family Mediator
Financial Advisor
Divorce Coach
Legal Document Specialist
Court Clerk
Family Law Legal Assistant
Estate Planning Attorney
Commissioner for Oaths
Notary Public
Family Law Partner
Legal Secretary
Settlement Conference Officer
Family Court Judge
Legal Aid Representative
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