These checklists cover some of the basic items that should be included in agreements. The checklists are not comprehensive. What is needed will depend on the individual situation. Signing an agreement will have lasting legal consequences and each party should always get legal advice before signing an agreement. Agreements dealing with family property are not legally binding unless each party gets independent legal advice from their own lawyer.
The following information should be included in all agreements:
- full legal names of both parties
- addresses of both parties
- date the parties were married or began living together as spouses (if applicable)
- date of separation
- date of the agreement
- signature of both parties
If the agreement deals with child support the following information is required:
- full legal names and birth dates of the children support is being paid for
- where the children live most of the time (i.e. with one party or shared between parties)
- gross annual income of party paying support
- gross annual income of party receiving support
- whether support is in the Table amount or not and, if not, why (see child support for information about the Child Support Tables)
- details regarding any special or extraordinary expenses:
- what the expense is for (i.e dance lessons, childcare, etc.)
- percentage of the cost to be paid by each party and the dollar amount
- when payment starts
- when payment ends (if applicable)
- frequency of payment
If the agreement deals with spousal support include the following additional information:
- which party is paying support and which party is receiving support
- amount of support
- when it commences
- when it ends (if applicable)
- frequency of payments (monthly, weekly, etc.)
- other terms regarding disclosing changes in income (i.e annual exchange of Income Tax Returns) and managing payments (i.e post-dated cheques, etc.)
If the agreement deals with custody/access include the details of the parenting arrangement. See Parenting Plans for more information.
If the agreement deals with family property there are very specific requirements in order for the agreement to be legally binding. Each party must have independent legal advice and the agreement must:
- state that it is an interspousal contract under The Family Property Act
- be in writing
- be signed by each party in the presence of a witness who is at least 18 years of age
- include an acknowledgement made in writing by each party, in front of their own lawyer without the other party being present, that they…
- are aware of the nature and effect of the contract
- are aware of possible future claims they may have under The Family Property Act
- intend to give up those claims to the extent required to give effect to the contract