Separation agreement checklist

Child Custody and Access

• Primary Care and Residence: Identification of the primary caregiver ensures stability for the child. Decisions should reflect the child’s best interests.
• Access and Visitation: Detailed schedules facilitate ongoing relationships with the non-custodial parent, promoting a healthy emotional development for the child.
• Special Holidays and Birthdays: Clear division of holidays and special occasions helps maintain traditions and minimize conflicts.
• Supervision: If supervision is necessary, stipulate trusted supervisors to uphold child safety.
• Travel: Outline any restrictions on domestic or international travel to prevent legal disputes.
• Passports: Designate responsibility for managing the child’s passport to streamline travel arrangements.

Child Support

• Income Verification: Accurate documentation of the paying parent’s income ensures fair support calculations.
• Support Amount: Utilize the Child Support Guidelines to determine appropriate support amounts, reflecting the paying parent’s financial ability.
• Financial Disclosure: Both parties are required to provide thorough financial disclosure to ensure transparency.
• Enforcement: Establish mechanisms, such as through the Family Responsibility Office (FRO), to ensure reliable payment.
• Extraordinary Expenses: Clearly define responsibilities for education, healthcare, and other significant child-related expenses.

Spousal Support

• Waiver Clause: Specify conditions under which spousal support may be waived, offering flexibility in mutual agreements.
• Support Amount and Duration: Base spousal support on duration of marriage and respective financial capacities to promote fairness.
• Financial Disclosure: Comprehensive financial disclosure from both parties supports equitable arrangements.
• Enforcement: Include clauses to enforce support payments, ensuring compliance with the agreement’s terms.

Division of Property

• Asset and Debt Listing: Create detailed inventories of assets acquired and debts incurred during the relationship to prevent disputes.
• Financial Disclosure: Mandatory financial disclosure ensures an equitable division of property.
• Equalization: Clarify the methodology for asset division, whether equal or based on other agreed terms.
• Matrimonial Home: Decide on the sale or transfer of the matrimonial home to address a significant shared asset.
• Equalization Payment: Define the methods for any equalization payments, facilitating a clear settlement process.