B E T W E E N:

WILMA ELIZABETH FLINTSTONE

- and FREDERICK ALEXANDER FLINTSTONE

SEPARATION AGREEMENT

ALLEY S. MCBEAL
55 Main Street West, Grimsby ON L3M-1R3
Tel: (905) 945-9271 Fax: (905) 945- 3066

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THIS IS A SEPARATION AGREEMENT made on the 23rd day of February, 2016.
B E T W E E N:
Wilma Elizabeth Flintstone, of the City of St.Catharines, in the
Regional Municipality of Niagara,
Hereinafter called the "Wife"
OF THE FIRST PART,
- and Frederick Alexander Flintstone, of the City of St.Catharines, in the
Regional Municipality of Niagara,
Hereinafter called the "Husband",
OF THE SECOND PART.
1) INTERPRETATION1
a) In this Agreement,
i)

"Wife" means Wilma Elizabeth Flintstone, who is one of the parties to this
Agreement, whether or not the husband and the wife are subsequently divorced;

ii)

"Husband means Frederick Alexander Flintstone, who is one of the parties to this
Agreement, whether or not the husband and the wife are subsequently divorced;

iii)

"child" means:
Pebbles Mae Flintstone, born on September 19, 2006
Bambam Floyd Flintstone, born on January 1, 2009
all of whom are the children of the husband and the wife;
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iv)

"cohabit" means to live together in a conjugal relationship, whether within or

outside marriage;

v)

Matrimonial home" means the buildings and lot located at 123 Dino Drive,
St.Catharines Ontario L2K 4R5.

vi)

"Family Law Act" means the Family Law Act, R.S.O. 1990, c. F.3, or its successor;

vii)

"property" has the meaning given by the Family Law Act;

viii)

"net family property" has the meaning given by the Family Law Act;

ix)

"Canada Pension Plan" means the Canada Pension Plan Act, 1986 or its
successors.

x)

"Income Tax Act" means the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.) as
amended and any successor;

xi)

"Income Tax" and "Income Taxes" includes tax, interest and penalties owing under
the provisions of the Income Tax Act and any tax owing under similar Federal or
Provincial legislation;

xii)

"Divorce Act" means the Divorce Act, R.S.C. 1985 c. D-3, as amended.

xiii)

"support" includes support, alimony, maintenance or similar allowance, whether

interim, permanent or variable, in this or any jurisdiction;

xiv)

"Guidelines" means the Federal Child Support Guidelines as created and amended

from time to time by Regulation pursuant to Section 69 of the Family Law Act;
xv)

"special or extraordinary expenses" means those child related expenses defined

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and categorized in the Guidelines and for the purposes of this Agreement shall include
such of the costs of a child's post-secondary education (which costs shall include
tuition, residence, supplies, equipment and other incidental expenses) as that child
cannot afford, provided that each child shall be expected to make all reasonable
financial contributions towards these costs as may be appropriate to the ability of each
so to do;
b)

An Act of the Legislature or Parliament referred to by name will mean that Act in force
at the material time and includes any amendment or any successor Act which replaces it.

c)

The proper law of this contract shall be the law of Ontario, and this contract shall also
be deemed to be valid and enforceable in accordance with the law of any other
jurisdiction. The parties intend all of their affairs and property to be governed by this
contract and the law of Ontario.

2) BACKGROUND
a) This Agreement is entered into on the basis of the following, among other facts:
i) The parties were married on January 1, 2000 at the City of St.Catharines, Regional
Municipality of Niagara.
ii) The parties have 2 children of the marriage as defined by the Divorce Act (Canada),
namely Pebbles Mae Flintstone, born on September 19, 2006, Bambam Floyd
Flintstone, born on January 1, 2009.
iii) The parties have been living separate and apart from each other since August 10, 2014
and there is no reasonable prospect of their resuming cohabitation.
iv) The Wife is employed at Bettys Diner and her gross annual income from all sources is
approximately Thirty-five thousand dollars. ($35,000)
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v) The Husband is employed at Bedrock Mines Ltd. and his gross annual income from all
sources is approximately Seventy- five thousand dollars. ($75,000)
vi) The parties desire to settle by agreement all their rights and obligations which they
have or may have with respect to:
(1) the custody of, and access to their children
(2) the support of their children;
(3) possession, ownership and division of their property; and
(4) support of each other.
3) AGREEMENT3
Each party agrees with the other to be bound by the provisions of this Agreement.
4) DOMESTIC CONTRACT4
Each party acknowledges that this Agreement is entered into under s.54 of the Family Law
Act and is a domestic contract which prevails over the same matters provided for in the Act or
its successor.
5) EFFECTIVE DATE
5This Agreement shall take effect on the date it is signed by the last of the husband or the
wife.
6) LIVING SEPARATE AND APART
The parties shall live separate and apart from each other for the rest of their lives. This
agreement to separate is not one of either party acting unilaterally to leave the marriage for
any particular cause or incident. Rather, it is a mutual awareness that the marriage has broken
down and that it is in their respective best interests to establish separate lives.

7) FREEDOM FROM THE OTHER7

Neither party shall directly or indirectly molest or disturb or annoy or interfere with the other
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or the other's business in any manner whatsoever, or attempt to compel the other to cohabit or
live with him or her.
8) CUSTODY AND ACCESS
a) The wife will have custody of the children and their property.
b) The ordinary residence of the children shall be with the mother at 123 Dino Drive,
St.Catharines ON L2K 4R5 and thereafter, 25 Light Street, in the City of St.Catharines
ON L4K-5TK.
c) The Wife will have custody of the children and the husband will have access to the
children (which will include the right to have them stay overnight) as follows:
d) Every other Wednesday evening from 4:00 p.m. to 8:00 p.m.;
e) Every other weekend from Friday evening at 4:00 p.m. to Sunday afternoon at 1:00 p.m.;
f) Two weeks during the Summer, the Husband must advise the Wife in writing of his choice
no later than the preceding March 1st; and
g) During the entire spring holiday and Christmas holiday in every odd- numbered year.

h) The wife will have the right to have the children with her for a continuous and
uninterrupted period of one month during the spring and Christmas holidays in every evennumbered year.
i) The husband will have the right to communicate with the children at any reasonable time
by telephone and letter.

j) In making plans for access the husband and wife will give the needs and convenience of
the children primary importance and will give their own needs and convenience only
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secondary importance.
k) The parties shall keep each other fully informed of all matters touching the interests of the
children and they will confer as often as necessary to resolve any difficulty raised by or on
behalf of the children.
l) The father shall have the right to receive significant information with respect to the
childrens education, medical care, dental care and other pertinent information, including
the right to receive school report cards and hold interviews with the childrens teachers
and health care workers. In addition, the father and mother both have the right to attend
any extracurricular activities involving the children.
m) If the ordinary residence of the children changes to a location within the Regional
Municipality of Niagara, the wife shall notify the husband of the change of address prior to
the children being moved.
n) If the wife intends to change the ordinary residence of the children to a location outside
the Regional Municipality of Niagara, the wife shall notify the husband of the proposed
change of address in writing at least 90 days prior to the proposed moving date.
o) If the husband objects to the change in residence proposed by the wife, any difference or
dispute between the parties on the issues of custody shall be resolved according to the
section of this Agreement providing for RESOLUTION OF DISPUTES.
p) The husband shall enjoy reasonable access to the child upon providing to the wife
reasonable advance notice of his intention to exercise his access privilege on each given
occasion."Reasonable" shall be construed and interpreted with due regard to the age of the
child from time to time.
q) The wife and husband each acknowledge that it is in the best interest of the children for
them to have frequent contact with their father and to spend time with him. Accordingly,
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the wife and husband will each use their best efforts for the children to have frequent and
regular periods of access with the mother consisting of a combination of both daytime and
overnight visits appropriate to the needs and stage of development of the children.
r) In making plans for access the husband and wife will give the needs and convenience of
the child primary importance and will give their own needs and convenience only
secondary importance.
s) Without limiting the generality of the foregoing, such access shall include periodic
weekends and holidays to be arranged between the parties. The parties shall, from time to
time, consult with each other on all questions relating to health, education and general
well-being of the children
t) The husband and the wife each acknowledge that it is in the best interest of the children
for the children to have frequent contact with the husband and to spend time with him.
Accordingly, the husband and the wife will each use their best efforts for the children to
have frequent and regular periods of access with the husband consisting of a combination
of both daytime and overnight visits appropriate to the needs and stage of development of
the children.
u) The parties will keep each other fully informed of all matters touching the interests of the
children and they will confer as often as necessary to resolve any difficulty raised by or on
behalf of the children.

9) CHANGE OF NAME12
The parties hereto agree that neither parent shall apply to change the forename, surname or
both, of any child or children of the marriage, without the prior written consent of the other.
10) PASSPORTS OF THE CHILDREN
To facilitate convenient travel with either party, any passport obtained for a child shall be in
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the name of that child (rather than being upon the passport of a party to this Agreement).
Each party will give any consent required for such a passport. The passport will normally be
kept by the party with whom the child is primarily resident but will be temporarily given to the
other party when reasonably necessary for travel with the child outside of Canada.
11) CHILD SUPPORT
It is acknowledged by the parties that at the time of making of this Agreement each of the
parties enjoys an approximate gross annual income from employment of $1,105.00.
Accordingly, each of the parties shall be individually responsible for the care and support of
the child primarily resident with him or her and for all costs and expenses of and related to
said child.
a) The parties acknowledge and agree that child support shall be payable in accordance with
the Federal Child Support Guidelines.
b) The parties agree that all sums payable by the husband pursuant to this paragraph shall be
deemed to be periodic payments paid pursuant to section 60(b)(c)(c.1) of the Income Tax
Act and all amendments and successor legislation thereto and shall not be deductible by
the husband from his taxable income and shall not be included in the taxable income of the
wife.

c) In the event that the husband claims the child support payments as deductible from his
taxable income, he will indemnify and save the wife harmless from any additional tax
payable by the wife, including penalties and/or interest.
d) The husband has been making child support payments in accordance with the Child
Support Guidelines which commenced on the first day of September 1, 2014 and will
continue on the first day of each and every month thereafter, the husband shall pay to the
wife for the support of the children in the sum of $1,105.00 per month in accordance with
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the Federal Child Support Guideline Tables. The amount for one child being $682.00, two
children $1,105.00.
e) Child support shall be paid for each of the children until one or more of the following
occurs:
i) the child ceases to reside full time with the wife. "Reside full time" includes the child
living away from home to attend an educational institution, pursue summer
employment, or take a vacation while otherwise maintaining a residence with the wife;
ii) the child attains the age of 18 years and ceases to be in full-time attendance at a
recognized school, college or university;
iii) the child attains the age of 22 years or completion of a 4 year College or University
degree, whichever first occurs;
iv) the child marries;
v) the child dies;
vi) the wife dies; or
vii) the husband dies.
f) In the event that any one of the children of the marriage are no longer dependent as set out
above, the amount of the child support payment shall be varied to the amount designated
for one child. When a second child is no longer a dependent, the amount of child support
shall be no longer requested.
g) The amount of the child support shall be varied annually on the 1st day of May in each and
every year commencing the 1st day of May, 2006 in accordance with the Federal Child
Support Guideline Tables and any amendments thereto. The husband shall provide to the
wife in each year on or before the 15th day of April, a copy of his personal income tax
return and supporting materials for the preceding calendar year in order to fix the amount
of child support.
h) The parties acknowledge and agree that the support shall be payable by the husband
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notwithstanding that there shall be extended periods of access to the children of the
marriage by the husband.
i) The husband and the wife shall share special or extraordinary expenses incurred by the
wife for or on behalf of the children in proportion to their respective line 150 incomes for
the year preceding the year in which such expenses are incurred. Payment shall be made by
the husband to the wife upon receipt of appropriate proof of payment.
j) The wife shall be entitled to retain the Child Tax Credit, if any.
k) The parties agree that the husband shall pay interest on any arrears in support payments
hereunder pursuant to the provisions of s. 128 and 129 of the Courts of Justice Act.
l) The husband and his personal representatives may make any payment or payments to the
wife not provided for herein on an ex gratia basis. No such payments shall be construed
to oblige the husband or his personal representative to continue them, nor shall they be
pleaded, tendered or given in evidence or raised by way of estoppel by the wife in any
legal proceedings between the parties.

12)

POST-SECONDARY EDUCATION EXPENSES24

a) The parties agree that upon the children being accepted for a course of post-secondary
school education, the amount of the monthly child support to be paid for the benefit of
that child shall be renegotiated.
b) The parties acknowledge that they both have an obligation to contribute to the cost, if any,
to any post-secondary educational expenses of the children in proportion to their gross
income in accordance with the Child Support Guidelines. In determining the proportion, if
any, that each shall contribute, the parties will consider, amongst other considerations:
i) Whether the husband is still obligated to contribute child support (for the child
attending a post-secondary education facility) pursuant to this Agreement and, if so,
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how much;
ii) The availability of financial aid, grants, loans and scholarships;
iii) The childs obligation and ability to contribute; and
iv) The relative gross income of the parties.
c) The respective contribution of the parents will be determined by a realistic budget plan
prepared by the child accurately setting out the entire various component expenses offset
by the realistic assessment of the contribution that can be anticipated from the child and
other sources towards educational expenses.
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d) Post-Secondary Educational expenses shall be paid in proportion to the parents gross
annual income (line 150 income) for each child, costs include tuition, residence, supplies,
transportation, equipment and other incidental expenses.
e) The child shall be expected by the father and the wife to assist with the post-secondary
expenses through seasonal part-time summer employment, the use of financial aid, grants,
loans and scholarships, and both parents agree to cooperate with the other and the child
toward that end.
f) The respective contribution of the parents will be determined by a realistic budget plan
prepared by the child accurately setting out all of the various component expenses off set
by the realistic assessment of the contribution that can be anticipated from the child
towards educational expenses.
13) EXTRA-ORDINARY EXPENSES
a) The parties agree to share any major or extraordinary expenses relating to the children in
proportion to their respective line 150 incomes for the preceding year in which such
expenses are incurred, provided that both parties are aware of any such expense prior to
any expenditure being made.
b) The parties shall have regard to the nature of the expense itself, their respective financial
abilities, whether the expense is necessary and/or in the best interests of the child and
reasonable in the circumstances, then considering whether any such expenditure should be
made. Neither party will unreasonably withhold consent. If the parties cannot agree, they
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will use the section of this Agreement entitled, Dispute Resolution to resolve this issue.
c) Extraordinary expenses under the Guidelines are:
i) Child care expenses incurred as a result of the custodial parents employment, illness,
disability or education or training for employment;
ii) That portion of the medical and dental insurance premiums attributable to the child;
iii) Health-related expenses that exceed insurance reimbursement by at least $100.00
annually, including orthodontic treatment, professional counselling provided by a
psychologist, social worker, psychiatrist or any other person, physiotherapy,
occupational therapy, speech therapy and prescription drugs, hearing aids, glasses and
contact lenses.
iv) Extraordinary expenses for primary and secondary school education or for any other
educational programs that meet the childs particular needs;
v) Expenses for post-secondary education; and
vi) Extraordinary expenses for extracurricular activities.

14)

RELEASE OF SPOUSAL SUPPORT AND MAINTENANCE20

a) Each of the parties releases and discharges the other from all rights to and claims for
spousal support and maintenance that he or she may have under the laws of any
jurisdiction and in particular all rights to and claims for spousal support and maintenance
that he or she has or may have under the Family Law Act or the Divorce Act or their
successors.
b) The parties have specifically considered the purposes of an order for support of spouse set
out in section 33(8) of the Family Law Act, namely:
An order for the support of a spouse should:
(i) recognize the spouse's contribution to the relationship
and the economic consequences of the relationship for
the spouse;
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(ii) share the economic burden of child support equitably;
(iii)
make fair provisions to assist the spouse to become
able to contribute to his or her own support and;
(iv) relieve financial hardship, if this has not been done by
orders under Parts I (Family Property) and II
(Matrimonial Home).
And also the objectives of spousal support orders set out in section 15.2(6) of the Divorce
Act, namely,
An order made under subsection (1) or an interim order under subsection
(2) that provides for the support of a spouse should:
(i) recognize any economic advantages or disadvantages
to the spouses arising from the marriage or its
breakdown;
(ii) apportion between the spouses any financial
consequences arising from the care of any child of the
marriage over and above any obligation for the
support of any child of the marriage;
(iii)
relieve any economic hardship of the spouses
arising from the breakdown of the marriage; and
(iv) in so far as practicable, promote the economic selfsufficiency of each spouse within a reasonable period
of time.
(c)

The parties agree that the support, property and responsibility for debt
arrangements set out herein meet those objectives and will continue to do so no
matter what happens to either party in the future.

(d)

Each party acknowledges that he or she has been advised of decisions of the
Ontario Courts in which the Court has awarded spousal support, even though the
parties had previously entered into a separation agreement containing a full and
final release of spousal support. Notwithstanding these rulings, the parties still
agree and intend that no change in circumstances whatsoever will entitle either
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party to apply to Court for spousal support. This agreement, and this paragraph,
may be pleaded as a complete defence to any claim either party may bring for
spousal support.
15) COMPENSATORY SUPPORT21
The wife acknowledges that her future capacity to earn income may have been adversely
affected by the parties joint decision that the wife reduce or restrict her employment in order
to take care of children or discharge other obligations of the marital partnership. The wife
nonetheless agrees that no change in her present or future earning power flowing from the
joint decision that the wife leaves the work force shall entitle the wife to claim compensation
from the husband for any such loss of future income.
16) SUPPORT INSURANCE22
a) The payment of support shall be secured by a policy of life insurance through the Family
Law Insurance Centre, which policy guarantees the continuation of the husband's monthly
child support obligation, including indexing, in the event of his death until the following,

b) The husband shall maintain the wife as beneficiary under the policy as long as he is
required to pay support for the children of the marriage. Upon the expiry of the husband's
support obligation, then the husband may sign any document necessary to change or
revoke the designation in the wife's favour.
c) Throughout the term of the policy, the husband shall be at liberty to make any necessary
amendments to the terms of this policy so as to coincide with his obligation to pay support
for the wife and the children of the marriage pursuant to the terms of this Agreement, any
future amendments or subsequent court order.
d) At the wife's request the husband shall provide proof that the policy remains in effect and
that he has not transferred it, borrowed against it, or pledged it as security.
e) The husband shall pay all premiums when they become due and shall keep the policy in
force for the benefit of the children of the marriage in accordance with the terms of this
Agreement.
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f) All sums payable by the husband pursuant to this paragraph shall be deemed to be periodic
payments paid pursuant to section 60(b)(c)(c.1) of the Income Tax Act and all
amendments and successor legislation thereto and shall be deductible by the husband from
his taxable income and included in the taxable income of the wife.
g) Any breach of this paragraph relating to Support Insurance provisions shall constitute a
first charge against the Estate of the husband such that his estate shall be liable for the
payment of the full face value of the policy/policies to the named beneficiaries thereof
under this agreement, as if such policies were in full force and effect.
17) LIFE INSURANCE FOR CHILDREN45
a) The husband warrants that he has irrevocably designated the wife as the irrevocable sole
beneficiary, in trust for the children of the marriage, under the following policies of
insurance:
i) Policy No.4446790 of London Life Insurance Company having a face value of
$100,000.00; and

ii) and that he has filed the designation with the principal office of the respective insurers
in accordance with the provisions of the Insurance Act. The husband shall continue to
designate the wife as irrevocable beneficiary, in trust for the children of the marriage
for so long as he is obligated to pay child support to the wife.
b) 45The husband shall pay all premiums when they become due and shall keep the policies in
force for the benefit of the wife in trust for the children until she is no longer entitled to
receive child support.
c) When the husband is no longer obligated to pay child support, the husband may deal with
the policies as he deems fit free from any claim by the wife or her estate.
d) If the wife dies, her executor or administrator shall notify the husband of this event
immediately when it occurs.
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e) The husband shall deliver to the wife, within fourteen (14) days from the date when it is
demanded, proof that the policies are in good standing. This proof may be demanded at
any reasonable time and from time to time.
f) If the husband defaults in payment of any premium, the wife may pay the premium and
recover from the husband the amount of the payment together with all costs and expenses
that may be incurred in restoring the policies to good standing.
g) Any breach of this paragraph relating to life insurance shall constitute a first charge against
the estate of the husband such that his estate shall be liable for the payment of the full face
value of the policy/policies to the named beneficiaries thereof under this agreement, as if
such policies were in full force and effect.

18) 45LIFE INSURANCE FOR WIFE46

a) The wife warrants that she has designated her sister Katelyn Rubble beneficiary, in trust
for the children, under the following policies of insurance:
i) Policy No.4445344 of London Life Insurance Company having a face value of
$100,000.00;
ii) and that he has filed the designation with the principal office of the respective insurers
in accordance with the provisions of the Insurance Act. The husband shall continue to
designate the wife as irrevocable beneficiary.

b) The husband shall pay all premiums when they become due and shall keep the policies in
force for the benefit of the wife until he is no longer obliged to pay support to her.
c) The husband shall deliver to the wife, within fourteen (14) days from the date when it is
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demanded, proof that the policies are in good standing. This proof may be demanded at
any reasonable time and from time to time.
d) If the husband defaults in payment of any premium, the wife may pay the premium and
recover from the husband the amount of the payment together with all costs and expenses
that may be incurred in restoring the policies to good standing.
19) HEALTH AND MEDICAL EXPENSES FOR CHILDREN41
a) The husband warrants that he shall maintain in force for the benefit of the children of the
marriage, such medical health and dental insurance benefits as are available to him through
his employment, presently or at any time in the future.
b) The husband agrees to continue the said medical coverage, or equivalent insurance for the
benefit of the children of the marriage, provided such coverage continues to be available to
him at his place of employment and so long as he is obligated by this Agreement to
support the child.
c) In the event that coverage is no longer available through his employer, the husband shall:
i) Forthwith provide written notice to the wife and details of the proposed replacement
insurance of equivalent coverage.
ii) Forthwith purchase insurance providing equivalent coverage for the children and shall
continue to pay the premium thereon. He shall provide the wife with full details of the
proposed coverage and, will continue to pay the premiums thereon until, for so long as
he is obligated by this Agreement to support the child.
iii) If the husband fails to maintain this insurance or equivalent insurance, he shall pay the
cost of all health services which would have been paid by the insurance.
d) The parties acknowledge and agree that any orthodontal, eye care, dental or other medical
expenses in excess of the amounts covered by the husband's plan of insurance shall be
shared equally between the parties provided that such expenses are discussed and agreed
to by the parties prior to being incurred.
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20) HEALTH AND MEDICAL EXPENSES FOR WIFE43

a) The husband warrants that he shall maintain in force such medical health and dental
insurance benefits as are available to him through his employment, presently or at any time
in the future for the wife, for so long as,
i) she remains his spouse as defined by the employer benefit plan;
ii) the marriage is terminated; or
iii) the wife cohabits with another man.
b) Thereafter the wife shall be responsible for her own medical, health, drug and dental
coverage.
c) In the event that coverage is no longer available through his employer, the husband shall,
i) forthwith provide written notice to the wife and details of the proposed replacement
insurance of equivalent coverage,
ii) forthwith purchase insurance providing equivalent coverage for the wife and shall
continue to pay the premium thereon; he shall provide the wife with full details of the
proposed coverage and, will continue to pay the premiums thereon until, one or more
of the following occurs:
(1) the wife cohabits with a man;
(2) the wife marries; or
(3) the wife obtains permanent and secure full time employment which provides a
comparable benefits package.
d) If the husband fails to maintain this insurance or equivalent insurance, he shall pay the cost
of all health services which would have been paid by the insurance.
21) MATERIAL CHANGE IN CIRCUMSTANCES27
a) The amount of the payment and the terms for payment as provided by this agreement for
the support of the children, or any child, may be varied:
i) prior to the granting of a divorce, if there is a change in circumstances such that a
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court of competent jurisdiction in the same circumstances would vary an order for
support made in the same amount and terms under the Family Law Act on the effective
date of this agreement;
ii) after a divorce is granted, if there is a change in circumstances of the husband or wife
such that a court of competent jurisdiction in the same circumstances would vary an
order for support made in the same amount and terms under the Divorce Act on the
effective date of this Agreement.
iii) If either the husband or the wife is entitled to a variation under subsection (1), the
variation made:
(1) may be the discharge, variation or suspension of a term of the obligation to pay
prospectively or retroactively, and
(2) may relieve the husband from the payment of part or all of any arrears, and
(3) may provide, prospectively or retroactively, for an increase or decrease in the
amount of the payment to be made to the wife for her support or for the support of
the children or any child.
b) Any difference or dispute between the husband and the wife as to what, if any, variation
should be made shall be resolved under the section of this Agreement providing for the
RESOLUTION OF DISPUTES, both parties agree to resolve disputes between them,
firstly through their lawyers and mediation, lastly, through court arbitration.

22) MATRIMONIAL HOME28

a) The parties acknowledge that they hold the matrimonial home as joint tenants.
b) The parties agree that the property shall be listed for sale forthwith with a real estate agent
agreed to by the parties for a price agreed to by the parties. Upon sale of the said property
the net proceeds, after payment of the real estate commission, if any, the legal fees
pertaining to the sale, and all encumbrances registered on title, shall be divided equally
between the parties.
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c) During the period that the property is listed for sale, the wife shall reside at the property
and shall be responsible for paying all mortgage payments, taxes, insurance premiums,
heating, water and other charges related to the matrimonial home, and shall save the
husband harmless from all liability for those payments.
23) EMPLOYER PENSION RELEASE34
The parties acknowledge and agree that neither party shall be entitled to any portion of any
employer pension held by either of them and each party hereby releases the other from any and
all claims they might have to any employer pension held by either of them either for equalizing
the pensions, for survivor benefits or otherwise.

24) CANADA PENSION PLAN RELEASE36

a) Neither the husband nor the wife shall make any claim under the Canada Pension Plan Act
for an equalization of pension benefits and the parties agree there shall be no division of
unadjusted pensionable earnings under Section 53.2 or 53.3 of the said Act and each
releases to the other any rights that either of them may have had against the other under
the said Act, notwithstanding that the current legislation does not permit spouses to
contract out of that right.
b) Each of the husband and the wife agrees to indemnify the other, dollar for dollar forthwith
upon receipt by either of the husband or the wife, for any monies claimed and received by
either of the husband or wife under the Canada Pension Plan Act contrary to the
agreement of the parties in paragraph (a) above.
25) HOUSEHOLD GOODS AND PERSONAL EFFECTS37
a) Each of the parties acknowledges that,
i) the contents of the matrimonial home, including furniture, furnishings, household
goods, silverware, china, glassware, rugs, books, pictures, bric-a-brac and all other
household effects have been divided between the parties or have been purchased or the
value set off against the value of other property by one of the parties to the satisfaction
of each of them;
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ii) each has possession of his or her jewelry, clothing and personal effects;
iii) each may dispose of the items possessed by him or her as he or she deems fit.
26) VEHICLES AND OTHER FAMILY PROPERTY38
a) The wife is entitled to all the right, title and interest in all assets in her possession,
including but not limited to:
i) 2009 Pontiac Vibe $16,000.00
ii)

free and clear of any claim thereto by the wife.

b) The husband is entitled to all the right, title and interest in all assets in her possession,
including but not limited to:
i) 2007 GMC Truck $9,000.00
free and clear of any claim thereto by the husband.
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27) BANKRUPTCY ACT40
The parties acknowledge and agree that any lump sum equalization payment or payments shall
be a domestic obligation within the meaning of the Bankruptcy Act and will not merge on a
bankruptcy of either party.
28) NO PROPERTY TO BE DIVISIBLE ASSET48
No property owned by either party or by them jointly on the effective date of this contract or
at any later time is or shall be property subject to division otherwise than according to legal
ownership subject to the provisions of this Agreement.
29) PART II OF THE FAMILY LAW ACT49
Each of the parties releases and discharges all rights and claims he or she has under Part II of
the Family Law Act to the matrimonial home.
30) PART II OF THE FAMILY LAW ACT50
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Because the parties are not married, each acknowledges that neither has at present any rights
under Part II of the Family Law Act. Each of the parties releases and discharges all rights and
claims he or she would have under Part II of the Family Law Act had he or she been married
or deemed by law to be entitled to such rights by virtue of any future amendments to the
Family Law Act.

31) RELEASES AGAINST PROPERTY51

a) Each of the parties releases and discharges all rights and claims relating to property in
which the other has or may have an interest, including all rights and claims involving:
i) possession of property;
ii) ownership of property;
iii) division of property;
iv) compensation for contributions of any kind, or an interest in property for contributions
of any kind;
v) equalization of the net family properties of the parties herein.
32) RELEASE AGAINST THE ESTATE OF THE OTHER52
a) Except as may otherwise herein be provided and without restricting the other waivers,
releases and terms in this contract, and subject to transfers or bequests which may be made
by the parties in their respective Wills, each party
i) waives all rights; and
ii) releases and discharges the other from all claims that he or she has or may in the future
acquire under the laws of any jurisdiction, and particularly under the Family Law Act
and the Succession Law Reform Act and their successors, entitling him or her upon the
death of the other:
(1) 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 the property of the other;
(2) if the other party dies leaving a Will, to elect against taking under the Will in favour
of receiving an entitlement equalizing their net family properties, or in favour of
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any other benefit;
(3) if the other party dies intestate, to elect to receive an entitlement in intestacy or to
receive an entitlement equalizing their net family property;
(4) if the other party dies testate as to some property and intestate as to other
property, to elect to take under the Will and to receive an entitlement in intestacy,
or to receive an entitlement equalizing their net family properties;
(5) to share in the estate of the other under a distribution in intestacy in any manner
whatsoever;
(6) to receive support as a dependant from the estate of the other in any manner
whatsoever; and
(7) to act as executor or administrator of the estate of the other.
33) ESTATE RELEASE53
Subject to the aforementioned, each party waives and releases all interest whatsoever in the
estate of the other including any right he or she may be given by any statute now or in the
future in force and renounces all right to administer the estate of the other. Neither party shall
commence any proceeding to vary or set aside the Will of the other and each party waives the
right to make claims for an equalization payment upon the death of the other.
34) GENERAL RELEASE54
a) Except as herein provided, the husband and wife intend this agreement to be final as to all
other claims and hereby release all such claims arising out of their marriage. Both parties
are aware and acknowledge that each of them may suffer or enjoy drastic changes in their
respective income, assets, and debts, in the cost of living or in their health, or changes of
fortune by reason of unforeseen factors. Nevertheless, the husband and the wife agree that
under no circumstances will any change, direct or indirect, foreseen or unforeseen, in the
circumstances or rights of them, give either the right to claim any alteration of any of the
terms of this agreement or the terms in any other agreement between them or of the terms
of a Divorce Judgment. More particularly, the husband and the wife acknowledge that he
or she may be called upon during the rest of his or her life to use, either wholly or in part,
his or her capital for his or her own support and each agrees to do so without any recourse
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to the husband or the wife at any time.
b) The husband and wife each wish to be able to rely upon this agreement as the final and
binding one, a once and for all settlement of all their differences and affairs to avoid ever
engaging in further litigation with each other, whether about matters or causes of actions
existing now or at any time.
35) RESUMPTION OF COHABITATION55
If at any time the parties cohabit as husband and wife for a single period of less than ninety
(90) days with reconciliation as the primary purpose of the cohabitation, the provisions
contained in this Agreement will not be affected except as provided in this section. If the
parties cohabit as husband and wife for a period of more than ninety (90) days with
reconciliation as the 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.
36) AGREEMENT TO SURVIVE DIVORCE56
If at any future time the parties are divorced, the terms of this Agreement shall survive and
continue in force.
37) JOINT PREPARATION OF AGREEMENT
Each party personally and by her or his lawyer has participated in the preparation of this
agreement. It must be construed as if the parties were joint authors and it shall not be
construed against one party as if that party or that party's lawyer were the sole or majority
author of the agreement.
38) STRICT PERFORMANCE58
The parties agree that the failure of either of them to insist on the strict performance of one or
more of the covenants or provisions of this Agreement on any one or more instances shall not
be and is not evidence of any waiver of a breach or relinquishment for the future of such
covenant or provision and the same shall continue in full force and effect.
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39) EXECUTION OF OTHER DOCUMENTS59

Each of the parties shall 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.
40) SEVERABILITY60
The invalidity or unenforceability of any provision of this Agreement will not affect the validity
or enforceability of any other provision and any invalid provision will be severable.
41) FINANCIAL DISCLOSURE61
a) Each party
i) has fully and completely disclosed to the other the nature, extent and probable value of
all his or her significant assets and all his or her significant debts or other liabilities
existing at the date of separation, and in addition to this disclosure,
ii) has given all information and particulars about his or her assets and liabilities that have
been requested by the other,
iii) is satisfied with the information and particulars received from the other, and
iv) acknowledges that there are no requests for further information or particulars that
have not been met to his or her complete satisfaction.
42) FINANCIAL DISCLOSURE62
a) Notwithstanding that the parties have not exchanged sworn Financial Statements, each
party
i) has fully and completely disclosed to the other the nature, extent and probable value of
all his or her significant assets and all his or her significant debts or other liabilities
existing at the date of separation, and in addition to this disclosure,
ii) has given all information and particulars about his or her assets and liabilities that have
been requested by the other,
iii) is satisfied with the information and particulars received from the other, and
iv) Acknowledges that there are no requests for further information or particulars that
have not been met to his or her complete satisfaction.

43) AMENDMENT OF CONTRACT63

Any amendment of this contract will be unenforceable unless made in writing, dated and
signed by each party before a witness.
44) INDEPENDENT LEGAL ADVICE64
a) Each of the husband and the wife acknowledges that he or she
i) has had independent legal advice;
ii) understands his or her respective rights and obligations under this Agreement;
iii) is signing this Agreement voluntarily; and
iv) believes this Agreement is fair and reasonable and that its provisions are entirely
adequate to discharge the present and future responsibilities of the parties and will not
result in circumstances unconscionable to either party.
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45) LEGAL FEES68
The parties shall be responsible for their own legal fees in relation to the negotiation,
preparation and execution of this Agreement.
46) RESOLUTION OF DISPUTES69
a) The parties will endeavor to resolve any difference between them on any matter in this
agreement by negotiation between themselves or by their lawyers, and, unless there is an
emergency, neither party will initiate any other procedure until negotiations have
exhausted all reasonable possibilities of resolution.
b) The parties may choose to facilitate their negotiations (whether conducted between
themselves or by their lawyers) by the appointment of a mediator they select. If
negotiations are conducted with the assistance of a mediator and no agreement is reached,
the mediator will disclose only this fact and make no report unless otherwise directed by
both parties.
c) No evidence of anything said or of any admission or communication made in the course of
the negotiations or mediation is admissible in any legal proceeding, except with the
consent of both parties.
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d) If it is unreasonable to expect a difference between the parties to be resolved by

negotiation or by continued negotiations under subsections (a) and (b) of this section, any
difference relating to any other matter shall be resolved by a court; or if the matter is not
within the jurisdiction of a court, by arbitration, upon application brought by either party.
e) Any arbitration will be conducted according to the rules for the conduct of arbitrations of
the Arbitration Institute of Canada Inc., in effect at the date of the commencement of the
arbitration, by one arbitrator appointed in accordance with the Institute's rules. The
arbitration will be final and binding on the parties. The law governing the procedures and
the substance of the arbitration will be the law of Ontario.
47) RESOLUTION OF DISPUTES70
a) In the event any difference, disagreement or dispute between the parties with respect to
the meaning of, effect of or variation of any of the terms of this agreement, the party
seeking the interpretation or variation shall give notice to the other, in writing, of the
variation or interpretation sought. Notice may be given through the parties' respective
solicitors.
b) If no agreement has been reached within 30 days of notice being given, the issues in
dispute shall be determined, at the instance of either party, under the provisions of the
Arbitration Act by a single arbitrator whose award shall be subject to appeal under the
provisions of the said Act.
c) Any arbitration will be conducted according to the rules for the conduct of arbitrations of
the Arbitration Institute of Canada Inc., in effect at the date of the commencement of the
arbitration, by one arbitrator appointed in accordance with the Institute's rules. The
arbitration will be final and binding on the parties. The law governing the procedures and
the substance of the arbitration will be the law of Ontario.
d) The costs of the arbitration shall be shared equally by the parties, subject to the power
hereby conferred upon the arbitrator to make an award of costs.
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48) AGREEMENT TO BE BINDING

a) This Agreement shall enure to the benefit of and be binding upon the heirs, executors,
administrators and assigns of the parties hereto respectively.
TO EVIDENCE THEIR AGREEMENT, each of the husband and the wife has signed this
Agreement under seal before a witness.
SIGNED, SEALED & DELIVERED
in the presence of:

______________________________

________________________________

ALLEY S. MCBEAL

WILMA ELIZABETH FLINTSTONE

Witness as to signature of:

__________________________________

_________________________________

JOHN B. SMART

FREDERICK ALEXANDER
FLINTSTONE

Witness as to signature of:

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