The Release Of Marital Agreement Form is a crucial legal instrument used in Canadian family law practice when spouses seek to finalize their separation or divorce arrangements. This document becomes necessary when parties wish to create a legally binding agreement that releases each other from future claims related to their marriage. It is typically executed after the parties have reached a settlement on all matrimonial issues, including property division, support obligations, and other financial matters. The agreement must comply with both federal divorce legislation and provincial family law requirements, and requires both parties to obtain independent legal advice before signing. The document serves as protection against future legal claims and provides clear evidence of the parties' intentions to make a full and final settlement of all matters arising from their marriage.
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1. Parties: Identification of both spouses, including full legal names, addresses, and any other relevant identifying information
2. Background: Brief history of the marriage, including date of marriage, date of separation, and confirmation that independent legal advice has been received
3. Definitions: Clear definitions of key terms used throughout the agreement
4. Acknowledgments: Statements confirming both parties understand the agreement's implications and have made full financial disclosure
5. General Release: Mutual release of all claims, rights, and obligations between the parties
6. Property Division: Confirmation that all property has been divided and neither party has further claims
7. Financial Obligations: Statement regarding the resolution of all financial obligations, including debts and assets
8. Spousal Support: Confirmation of any spousal support arrangements or mutual release of support claims
9. Tax Implications: Acknowledgment of understanding regarding tax consequences
10. Full and Final Settlement: Confirmation that this agreement represents a complete settlement of all claims
11. Governing Law: Specification that the agreement is governed by Canadian law and the applicable provincial jurisdiction
12. Execution: Signing requirements and witness provisions
1. Children: Include when there are children from the marriage, addressing any ongoing obligations or confirming their independence
2. Pension and Retirement Benefits: Include when there are pension or retirement benefits to be addressed
3. Business Interests: Include when either party owns business interests that need to be addressed
4. Insurance Policies: Include when there are life insurance or other insurance policies to be addressed
5. Future Dispute Resolution: Include when parties wish to specify methods for resolving any future disputes
6. Confidentiality: Include when parties wish to keep the terms of their settlement private
7. Survival of Agreement: Include when specific provisions need to survive the general release
8. Religious Divorce: Include when religious divorce proceedings are relevant to the parties
1. Schedule A - Asset Division: Detailed listing of all assets and their agreed division
2. Schedule B - Debt Division: Detailed listing of all debts and their agreed division
3. Schedule C - Financial Disclosure: Summary of financial disclosure provided by both parties
4. Schedule D - Support Calculations: Details of any support calculations or agreements
5. Appendix 1 - Certificate of Independent Legal Advice: Certificates from lawyers confirming independent legal advice was provided
6. Appendix 2 - Property Valuations: Professional valuations of significant assets if applicable
Relevant legal definitions
Agreement
Effective Date
Marriage
Separation Date
Matrimonial Home
Matrimonial Property
Family Property
Separate Property
Claims
Release
Independent Legal Advice
Financial Disclosure
Spousal Support
Matrimonial Rights
Property Division
Releasor
Releasee
Cohabitation Period
Date of Marriage
Full and Final Settlement
Matrimonial Assets
Matrimonial Liabilities
Joint Assets
Separate Assets
Family Assets
Net Family Property
Valuation Date
Certificate of Independent Legal Advice
Court Order
Divorce Proceedings
Effective Date
Marriage
Separation Date
Matrimonial Home
Matrimonial Property
Family Property
Separate Property
Claims
Release
Independent Legal Advice
Financial Disclosure
Spousal Support
Matrimonial Rights
Property Division
Releasor
Releasee
Cohabitation Period
Date of Marriage
Full and Final Settlement
Matrimonial Assets
Matrimonial Liabilities
Joint Assets
Separate Assets
Family Assets
Net Family Property
Valuation Date
Certificate of Independent Legal Advice
Court Order
Divorce Proceedings
Clauses
Identification of Parties
Recitals
Definitions
Independent Legal Advice
Financial Disclosure
General Release
Property Division
Mutual Release and Discharge
Spousal Support
Release of Estate Claims
Full and Final Settlement
No Further Claims
Indemnification
Confidentiality
Further Assurance
Severability
Governing Law
Entire Agreement
Amendment
Binding Effect
Acknowledgment
Representation and Warranties
Implementation
Dispute Resolution
Execution
Survival
Notice
Costs
Compliance with Law
Enforcement
Recitals
Definitions
Independent Legal Advice
Financial Disclosure
General Release
Property Division
Mutual Release and Discharge
Spousal Support
Release of Estate Claims
Full and Final Settlement
No Further Claims
Indemnification
Confidentiality
Further Assurance
Severability
Governing Law
Entire Agreement
Amendment
Binding Effect
Acknowledgment
Representation and Warranties
Implementation
Dispute Resolution
Execution
Survival
Notice
Costs
Compliance with Law
Enforcement
Relevant Industries
Legal Services
Financial Services
Insurance
Real Estate
Banking
Professional Services
Family Services
Public Sector
Notary Services
Relevant Teams
Legal
Family Law
Litigation
Document Processing
Court Administration
Client Services
Mediation
Compliance
Risk Management
Records Management
Relevant Roles
Family Law Attorney
Divorce Lawyer
Legal Assistant
Paralegal
Court Clerk
Family Law Mediator
Estate Planning Attorney
Financial Advisor
Family Court Judge
Legal Document Specialist
Notary Public
Commissioner for Oaths
Family Law Partner
Associate Lawyer
Legal Secretary
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