In preparing for negotiating your separation agreement with your spouse or partner, or instructing your lawyer with respect to a separation agreement, there are a number of subject areas and issues to which you should turn your attention to. Please note – not all issues are applicable to each couple, and there may be some issues which are not listed below but which may be important to your family. For example, if you have a special needs child or if one or both parent work irregular hours, you will have to take such realistic considerations into account when planning your agreement. There is no absolute right or wrong. What is more important is that you are thoughtful and realistic in your plans and discussions.
PARENTING
1. Who will have custody of the children?
2. How will day to day decisions regarding the children's care be made?
3. How will emergency decisions about the children be made?
4. How will decisions regarding the children's education, religious upbringing, extra-curricular activities be made.
5. How will holidays be handled? Long weekends, Christmas, Easter.
6. How will summer vacations be handled?
7. How much time will the children spend with each parent?
8. Will each parent have an uninterrupted block of time each year (eg. two weeks or more)?
9. Will the children attend summer camps (day camps or overnight)?
10. If the children need a passport, who will apply for it? Who will hold on to it?
11. If children are to communicate on a day to day basis with the parent the are not residing or visiting with, how will this be done? (eg.
separate phone lines, e-mail for older children, etc). What is reasonable or not.
12. Will both parents be entitled to information regarding school, health, and extra curricular activities?
13. How will parents get information from schools, doctors, etc.? (from the other parent or from the school directly?)
14. If there are grandparents in the picture, will the children's relationship with their grandparents be preserved, encouraged, etc.
15. When will the children visit with their grandparents?
16. Will there be any restrictions on either spouse's mobility rights (ie. moving to a different city, or more than 40 kms. from the other, etc.
17. What will restrictions on parents' mobility be?
18. Will both parents be entitled to attend school, camp, etc. functions at the same time? Will they alternate?
19. Will the children's names ever be changed?
20. If the children's names are to be changed, will the other parent provide consent?
21. What will happen with the children if one parent dies?
22. If both parents die, who will be the children's guardian?
23. Will the parties agree to having a dispute resolution process (eg. Mediation / arbitration) in place when they can not agree on a
decision with respect to the chidren?
24. How will special / extraordinary expenses be determined / paid. Will each parent contribute equally or will each contribute proportionately to their income?
25. How is it determined what is special / extraordinary? eg. Tutors, orthodontists, music lessons, hockey equipment, etc?
26. How will medical / dental expenses be paid? If through an employer's insurance plan? Whose?
27. What if there is no insurance? Will these expenses be shared proportionately by the parents?
28. Which parent, if either, will pay child support? How long will child support last? eg. Until 18? / Until 21 while at school? / Until 23 while at school?
29. Will spousal support be payable? By who and to whom?
30. If spousal support is to be paid, how? Periodic / Lump Sum? Fixed Term - for how long?
31. If spousal support is to be paid – when will it terminate?- eg. Upon remarriage? Never? When the children have turned 21?
32. Will one spouse cover the other for medical / dental benefits? If so, for how long?
33. Will each parent have life insurance? Each spouse should have a policy with the children named as beneficiaries and someone else (eg. The other spouse or a grandparent, aunt, family friend as trustee of these funds.
34. Is counseling required for the children? If so, who will pay? How will a counselor be chosen?
PROPERTY & ASSETS
35. Some form of sharing or equalization of family property is usually calculated but is not absolutely necessary if both parties agree.
Here is a simplified method of calculating equalization:
- Each spouse lists what they owned on the date of marriage and attributes a value to each asset
- Each spouse lists what they acquired together and attributes a value to each asset
- Each spouse lists their assets on the date of separation and attributes a value to each asset
- Each spouse then deducts the value of what they personally owned on the date of marriage
- The parties must then divide what was jointly owned on the separation date (generally, each spouse if entitled to half the value)
-NOTE: The matrimonial home is excluded from this calculation
36. What will happen to the matrimonial home?
37. If the matrimonial home is to be sold / when / by whom / what asking price etc.
38. Will the matrimonial home be transferred outright to one spouse?
39. What will be done with the proceeds of the sale of the matrimonial home?
40. Who, if anyone, will have exclusive possession of the matrimonial home until the sale?
41. How will daily household expenses be handled until the matrimonial home is sold?
42. Will the household contents be divided?
43. How will household contents be divided?
44. When will household contents be divided?
45. What compensation, if any, will be paid for the partner who does not get an equal share (monetarily) of the household contents
46. Does the family own any vehicles? What will happen to the vehicles? Who will keep which one?
47. Does the family have any debts?
48. If there are debts, whose are they and how will these be paid? (Credit card, Line of credit, Family Loans,)
49. Who will pay the debts? When?
50. Does either spouse have a pension to which the other may be entitled?
51. What is the value of each spouse's pension?
52. What is each spouse's pension entitlement?
53. Is either spouse willing to waive their entitlement to a share of the pension?
54. Does either spouse own a business? If so, is the other spouse a shareholder?
55. What will happen with the shares?
56. How will one spouse buy out the other’s interest in the business?
Please note that this information is general in nature and not intended to be a substitute for legal advice. If you are concerned about your rights when you separate following the breakdown your marriage or common law relationship, please contact a lawyer. You can get free information about how to select and retain a lawyer by getting a copy of the FREE REPORT offered at the top right-hand corner of this page. Do not sign a separation agreement without independent legal advice.
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