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This is a separation agreement made on the day of November xxxxx

Between: xxxxxxxxxxxxxxxxxx
( hereinafter called the husband)

-and-

xxxxxxxxxxxxxxxxxx
(hereinafter called the wife)

1. Interpretation

(1) In this agreement:

(a) “Husband” Means xxxxxxxxxxxxxx, who is one of the parties to this

agreement, whether or not the husband and wife are subsequently divorced;
(b) “Wife” Means xxxxxxxxxxx, who is one of the parties to this argeement,
whether or not the husband and wife are subsequently divorced;
(c) “cohabitate” Means to live together in a conjugal relationship, whether within or
outside the marriage;
(d) “Family Law Act” Means the Family Law Act of Ontario, RSO 1990,C.f.3;
(e) “Property” has the meaning given in the Family Law Act;
(f) “Income Tax Act” means the Income Tax Act, S.C. 1970-71-72,c.63

(2) An act of Legislature or parliament referred to by name will mean that act in
force at the time and includes any amendment or any successor Act which
replaces it.

2. Background

This agreement is entered into on the basis of the following, among other, facts:

(a) The parties were married on December 20th 1988 at 3 P.M.

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 (b) The parties have three children of the marriage, namely xxxxxxxxxxxxxxxx, born
August 18th 1988, xxxxxxxxxxxxxxxxx, born December 8th 1989 and
xxxxxxxxxxxxxxxxxxxxborn July 5th 1995.
(c) The parties have been living separate and apart since January 1st 2003;
(d) In the 2002 Income Tax Year the husband earned $39,000.00 as a factory worker and
the wife earned $37,000.00 also as a factory worker;
(e) The parties desire to settle by agreement all rights and obligations which they have or
may have with respect to
(f) (I) spousal support obligations;
(ii) child support, custody and access;
(iii) possession, ownership and division of their property;and
(iv) any other matter in the settlement of their affairs.

3. Agreement

Each party agrees with the other to be bound by the provisions of this agreement.

4. Domestic contract

Each party acknowledges that the agreement is entered into under section 54 of the Family
Law Act, and is a domestic contract which prevails over the same matters provided for in the
Act or its successors.

5. Effective date

The agreement will take effect on the date of signing, on the last date it is signed by either the
husband or the wife.

6. Living separate and apart

The parties have been living separate and apart from each other since or on the 1st day of
January, 2003, and will continue to live separate and apart from each other for the rest of
their lives.

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7. Freedom from the other

Neither party will:

(a) Molest, annoy, harass or in any way interfere with the other, nor
(b) Attempt to compel the other to cohabit or live with him or her.

8. Spousal support

Neither party shall pay spousal support to the other party. Both spouses expressly renounce
any right or claim which he or she has had, has or may hereafter acquire (whether the same
be legal, equitable or statutory) for spousal support, maintenance or other benefit due to a
spouse from his or her spouse or said spouse’s legal representative. Further the husband and
wife each acknowledge having been advised that it is not possible by agreement to preclude
absolutely a spouse from applying to the courts for maintenance (which shall be defined so as
to include any form of financial relief or benefit, howsoever designed, which any court has
power to award in favour of either spouse in connection with, consequent upon, or after any
judgment, declaration or decree of divorce, dissolusion of marriage or nullity) but both
spouses do acknowledge having fully considered their present situations and future prospects
(including changes with respect to their health, cost of living, employment, financial mis-
management, financial reversals and inheritance), the past present and likely conduct of each
of them, both financially and generally, and the possibility then their married status may be
terminated by death, judgment, declaration or decree of divorce, dissolution of marriage or
nullity and each confirms and declares that the provisions of this agreement shall constitute a
full answer and defence to any claim for spousal maintenance, support or benefit and also
represents a careful attempt by the parties to pre-estimate judiciously and adiquitly the
responsible needs of both spouses after as well as before termination of his or her married
status.

The parties will pay for their own coverage for health, medical and dental expenses. Both the
husband and wife shall maintain coverage for the children from his or her place of
employment provided the same is available.

9. Child custody and support

The parties shall share joint custody of the children and the children shall reside with both
parties an equal amount of time. Neither party shall pay child support for the other. However
in the event either party has the children less then forty percent (40%) or the time, child
support shall be payable in accordance with the Child Support Guidelines.

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10 . Matrimonial home

The parties shall continue to reside in the matrimonial home until the separation agreement
is signed and both have found suitable accommodations.

The husband and wife acknowledge that the home known municipally as 179 Ferguson
Street, Guelph Ontario, is the matrimonial home. The home shall be transferred to the husband in
exchange for half of the equity which should amount to aproximetly forty thousand dollars
($40,000.oo) . The wife agrees to transfer to the husband all of her right tittle and interest, and sign a
Deed to transfer same. The husband shall refinance the home and the wife will be removes as
mortgagee

11. Personal Property

The husband and wife acknowledge that they have divided all their personal property and
motor vehicles in a manner satisfactory to both of them, and that property in the possession of
the wife at the time of the execution of this agreement, shall be owned and belong to her
absolutely free of any claim by the husband, and conversely, all property in the possession of
the husband at the time of the execution of this agreement shall be owned and belong to him
absolutely free of any claim by the wife. The husband shall have the 1989 Suburban truck and
the wife shall have the 1989 Grand Prix.

12. Insurance

The parties release each others insurance policies save and except for the life insurance from
their employers. The parties agree to name each other on any life insurance policies from
their perspective employers as beneficiary in trust for the children so long as the children are
entitled to be supported by either of them.

13. Debts

The parties will be responsible for the debts in their own names such as charge cards, the
wife has a Royal Bank Visa card #40327905126303510504., the husband has no credit cards.
Neither party will incur debts on behalf of the other party and the parties agree to be
responsible for any debts currently incurred in their own names, with exception of the
mortgage on the matrimonial home.
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14. Parts I and II of the family law act

Each party acknowledges that each has been advised of his or her rights to the equalization of
the net family property under the Family Law Act, 1986; Each party affirms that the benefits
given by this agreement fully satisfy any and all entitlement each party has or may have to
any equalization of net family property; and each of the parties releases and discharges all
rights and claims he or she has under part I (family property) and part II (matrimonial
home) of the Family Law Act.

15. Release against property

Each of the parties releases and discharges all rights and claims relating to property in
which the other has an interest, including all rights and claims involving:

(a) possession of property;

(b) legal ownership of property;
(c) beneficial ownership of property where one party is alleged to hold property for the
other party as trustee on a resulting, implied or constructive trust;
(d) division of property; and
(e) compensation for contributions of any kind made to property.

16. Pensions

The parties release any interest they may have in each others pension, if any, from their
respective employers. The parties release any interest they may have in each others Canada
Pension Plan credits.

17. Release against the estate of the other

Without restricting the other waives and releases in the contract, and subject to
transfers of bequests which may be made, each party waives all rights and releases and discharges
the other from all past, present, or future claims in the following circumstances:

(a) No claims under the Family Law Act and the Succession Law Reform Act and their
Successors, or similar legislation in any jurisdiction, entitled to him or her to benefit upon
the death of the other;

(b) No claims to a division of property owned by the other or to one-half the difference
between their net family properties or to any other share of this difference, or to any share of
property of the other;

(c) If the other party dies leaving a Will, no election against taking under the Will in
favour of receiving an entitlement equalizing their net family properties, or in
favour of any other benefit

(d) If the other party dies instate, no election or claim to receive an entitlement on intestacy
or to receive an entitlement equalizing their net family property;
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(e) If the other party dies testate as to some property and intestate as to other property, no
election to take under the Will and to receive an entitlement on intestacy, or to receive
an entitlement equalizing their net family properties;

(f) No claim to share in the estate of the other under a distribution on intestacy in any
manner whatsoever;

(g) No claim to receive support as a dependant from the estate of the other in any manner
whatsoever; and

(h) No claim to act as executor or administrator of the estate of the other.

18. Release of support under Succession Law Reform Act

Without limiting the generality of the waiver and release each party has given in the section
called RELEASE AGAINST THE ESTATE OF THE OTHER, above,

(a) each party acknowledges he or she can be advised and understands that
(b) if he or she survives the other and is a dependant within the meaning of the Succession Law
Reform Act he or she has the right to apply under this Act for adequate support out of the
estate of the deceased spouse, and
(c) this application may be maintained against the estate despite an agreement of the parties to
the contrary; and
(d) each party further acknowledges that he or she has been advised and understands that an
application made by a dependant of the deceased for support to be paid out of the estate of
the deceased, the court may take into consideration any agreement made between the
dependant and the deceased; and
(e) each party intends that on any application for support by one party against the other that
the courts shall dismiss the application and award no support as if
(f) the applicant was not a dependant within the meaning of the Succession Law Reform Act,
or
(g) there was no legal obligation on the deceased or his or her personal representatives to make
provisions for the support of the applicant out of the estate.

19. Resumption of cohabitation

If at any future time the parties cohabit as husband and wife for a single period of less then
ninety (90) days with reconciliation as the primary purpose of the cohabitation, the provisions
contained in the Agreement will not be affected except as provided in this section. If the parties
cohabit as husband and wife for a period of more then ninety (90) days with the reconciliation as a
primary purpose of the cohabitation, the provisions contained in this Agreement will become void,
except that nothing in this section will affect or invalidate any payment, conveyance or act made or
done pursuant to the provisions of this Agreement.

20. Agreement to survive divorce

If at any future time the parties are divorced, the terms of this Agreement will survive and
continue in force.
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21. Agreement to survive death

This agreement is intended to survive death of a party or the parties and will be binding on
their heirs, administrators, executors and assigns of the deceased party or parties.

22. Execution of other documents

Each of the parties will execute any document and do all further things, at the cost of the other,
that are reasonably required from time to time to give effect to the terms and intent of this
Agreement.

23. Governing Law

This Agreement will be governed by and construed according to the laws of Ontario.

24. Severability
The invalidity or unenforceability of any provision of this Agreement will not affect the
validity or enforceability or any other provision will be severable.

25. Financial Disclosure

Each party

(a) has fully and completely disclosed to the other the nature, extent and probable value of all
his or her significant and all his or her significant debts or other liabilities existing at the
date of this contract, and in addition to this disclosure,
(b) has given all information and particulars about his or her assets and liabilities that have
been requested by the other,
(c) is satisfied with the information and particulars received from the other, and
(d) acknowledges that there are no requests for further information on particulars that have
not been met to his or her completed satisfaction.

Both parties waive the requirement of providing sworn financial statements to each other.

26. Amendment of contract

Any amendment of this contract will be unenforceable unless made in writing and signed by
each party before a witness.
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27. Independent Legal Advice

Each of the husband and wife acknowledges that he or she,
(a) has had independent legal advice;
(b) understands his or her respective rights and obligations under this Agreement; and
(c) is signing this Agreement voluntarily.

28. Legal Fees

Each party will bear their own costs relating to the negotiation and execution of this Separation
Agreement, and all ancillary matters necessary to giving it effect.

29. Execution
To evidence their Agreement the husband and wife have each signed this agreement
under seal.

Signed sealed and delivered )

By xxxxxxxxxxxxxxxx )
In the presence of: )
)
)
)
) ------------------------------------------------
----------------------------------- ) xxxxxxxxxxxxxx
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Name: )
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Address: )
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Occupation: )

Signed sealed and delivered )

By xxxxxxxxxxxxxxx )
In the presence of: )
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) ------------------------------------------------
-------------------------------- xxxxxxxxxxxxxxxxxxxxxxxxx
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Name: )
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Address: )
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Occupation: )
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