What Should Be in an Agreement

The good thing about agreements is that they can contain whatever terms the parties agree on. Each party may have a draft of what they want. Once these are shared and discussions have taken place, one or both parties can write up a draft of what they have agreed on. This draft can be used as a basis for further negotiation. It can also be used even when someone else, such as a lawyer, is going to write the final agreement. This is because it will have all the information about decisions the parties have made in it. When parties are trying to put their decisions about resolving their issues into the form of an agreement, it is helpful to have a place to start.

This site, Family Law Saskatchewan, has a tool to help people who do not have a legal background create a family law agreement. To access this tool, you simply select the 'create an account' option on the homepage. The creator of the tool, PLEA, is a non-profit, non-government organization. All PLEA resources and services are free of charge. The Agreement Maker has a number of features, including:

• Saskatchewan-specific plain-language legal information integrated into each step
• being able to select specific issues to deal with from a wide range of options
• flexibility for users to write their own clauses but also extensive options for users to choose from if they need guidance
• alerts for users to identify issues they may want to deal with
• creates an easily editable Word document for users to further refine if they choose
• an easy-to-understand explanation about next steps including signing and witnessing requirements, when legal advice is required, and options for using the agreement to ask for consent orders

The Family Law Information Centre, part of the Saskatchewan Ministry of Justice, also has a self-help kit that parties can use as a guide to creating an agreement.

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, if applicable
• 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 covered by the agreement
• where the children live most of the time, such as with one party or shared between parties
• gross annual income of the party paying support
• gross annual income of the party receiving support
• whether support is in the Table amount or not and, if not, why
• details regarding any special or extraordinary expenses:
  • what the expense is for, such as dance lessons or childcare
  • 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 support commences
• when support ends, if applicable
• frequency of payments, such as monthly or weekly
• other terms regarding disclosing changes in income, such as annual exchange of Income Tax Returns

If the agreement deals with parenting, include the details of the parenting arrangement. See Parenting Plans for more information.

If the agreement deals with family property, it will only be presumed to be enforceable if specific requirements are met. 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

Family property agreements that do not meet these requirements can still be considered by the court. However, the court may decide to give it less weight based on the circumstances.