(3) The spouses each agree to make and submit a joint election (in the form appropriate for the return, as set out in Schedule B to this Agreement) with their income tax return for the year in which this Agreement is signed, in accordance with section 74.5.3 of the Income Tax Act, so that the provisions of the Income Tax Act relating to the attribution of taxable capital gains do not apply to the provisions of the husband: and the wife of this separation agreement and after it. (4) The husband and wife further agree that if, for any reason, capital gains taxable between them are attributed under the provisions of the Income Tax Act or similar federal or property legislation for the period following the conclusion of this Agreement, the transferring spouse shall be indemnified and relieved of liability by the acquiring spouse for any increase in tax on the resulting income. If, at a later date, husband and wife live together as husband and wife with their mutual consent for a single period of less than ninety days, reconciliation being the primary purpose of cohabitation, the terms of this Agreement shall not be affected, except in the cases provided for in this paragraph. If husband and wife, by mutual consent, live together as husband and wife for a period of more than ninety days, reconciliation being the primary purpose of cohabitation, the terms of this Agreement shall become invalid, except that nothing in this paragraph shall constitute a payment, transfer or act effected or performed in accordance with the provisions of this Agreement, affects or invalidates. 90-day trial cohabitation clause — One or more periods totalling a maximum of 90 days 48. NINETY DAYS OF TRIAL COHABITATION If subsequently the husband and wife live together as husband and wife with their mutual consent for a total period not exceeding ninety days, reconciliation being the primary purpose of cohabitation, the terms of this Agreement shall not be affected: except as otherwise provided in this paragraph. If husband and wife live together as husband and wife with their mutual consent for a period or periods totalling more than ninety days, reconciliation being the primary purpose of cohabitation, the terms of this Agreement shall become invalid, except that nothing in this paragraph shall constitute a payment, transfer or act effected or performed in accordance with the terms of this Agreement: affects or invalidates. 49. INDEPENDENT LEGAL ADVICE AND FINANCIAL DISCLOSURE Each husband and wife acknowledge that: (i) they have received independent legal advice; (ii) has read the Agreement in its entirety and is fully familiar with its contents; (iii) understands its respective rights and obligations under this Agreement, the nature of this Agreement and the consequences of this Agreement; (iv) has fully disclosed its financial condition to the other, including, but not limited to, its income, assets, liabilities or other liabilities; (v) acknowledges that the terms of this Agreement are just and reasonable; (vi) enters into this Agreement without undue influence, fraud or coercion; and (vii) voluntarily signs this Agreement. Alternative Clause — If the parties do not seek legal advice (1) The husband and wife acknowledge that he/she: (i) has read this Agreement in its entirety before signing and acknowledges that he or she fully understands the nature and effect of this Agreement; and (2) the Parties acknowledge and agree that they acknowledge and declare the possibility and possibility of seeking independent legal advice with respect to the terms of this Agreement. (3) The parties acknowledge and declare that they wish to enter into this Agreement without independent legal advice and acknowledge and declare that the terms of this Agreement faithfully reflect their wishes and intentions. 50. FEES Each husband and wife shall pay their own attorneys` fees and costs incurred in negotiating and preparing this Agreement.
51. EXECUTION IN ORDER TO PROVE THEIR AGREEMENT, husband and wife each signed this agreement under seal. SIGNED, SEALED AND DELIVERED ON ____day of ______, 201X You must file Form 26B and your separation agreement with the Ontario Court of Justice or the Family Court of the Superior Court of Justice. You cannot file your separation agreement with a Supreme Court that does not have a family court division. This Agreement may be invoked as a defense against claims of one party against the other. In addition, the parties expressly indemnify each other from all claims and rights that may exist under Parts I and II of the Family Law Act, as well as any other rights that may exist under this Act. Notwithstanding Part I of the Family Law Act, each party acknowledges that neither party owns real property or personal property. trustee for the other, whether through a resulting trust or another type of trust. The Parties further acknowledge and agree that the supporting and ownership provisions of this Agreement are inextricably linked and constitute a complete and final financial settlement. 39. LIABILITY FOR SUCCESSION The terms of this Agreement apply to and are binding on each party and/or their respective heirs, executors, administrators and assigns.
40. DIVORCE SURVIVORSHIP SEPARATION AGREEMENT 1. If a divorce decree is obtained, all provisions of this Agreement shall remain in force. (2) If a divorce decree is obtained, only the paragraphs and are included in the judgment. While you can draft your own separation agreement before you sign it, you should have it reviewed by a lawyer. This is called independent legal advice. Some lawyers may only charge you a fee for reviewing the agreement. You should ask a lawyer if they offer unbundled services and what they charge for a review. You can submit your documents online or in person to the court. Submit your forms and court documents below to explain how you can do this. If you are not authorized or do not want to submit your documents online, you can submit them in person at the courthouse.
To submit them in person, bring 3 copies of your court forms and documents to court. To submit your court forms and receipts online, go to ontario.ca/familyclaims. You need an ONe key ID. To create this key, you need an email address and set up a username and password. (11) Change of custody during summer holidays: The parents agree that from the date (e.g. one week after the end of the school year until the date preceding the start of the following school year), the child`s home care (for each child) changes from the above designation to the care of the other parent, who during this period assumes the primary day-to-day responsibility for the management and upbringing of the child or children.