13 Steps to a separation agreement - Part 2

(please God, let there not be 13 parts!)


Dear SU and Marie,

Please find attached the first draft of your separation agreement- all 27 pages of legalese and resume of our 3 hour mediation sessions. The draft reflects the terms discussed in mediation and summarized in the summary sent to you earlier.



1).As set out in the summary, SU will transfer his interest in the home to Marie. Marie will assume the existing mortgage and pay SU in a final equalization payment.



2)You each keep all of your other assets free from claim from the other (e.g. RRSP’s, pensions, non registered savings, cars) and you are each solely responsible for paying your own debts. The only further division, which is mandated by law, is that either of you can apply for a division of Canada Pension Credits (we’ll discuss this more when we review the agreement).



In terms of next steps:

3) Please review the attached 27 page draft agreement and spreadsheet vol.1 individually. Make notes of your comments, questions, corrections, things you feel may have been overlooked,



4) If you both feel comfortable doing so you may share your comments with each other.



5) Once you’ve completed step (1), contact me so I can arrange either a face to face meeting or a 3 way telephone call for the three of us to review the draft agreement,



6) During the review, I will go over the draft agreement, answer questions etc. and if issues of difference arise between you we will work them through,



7) I will make necessary changes to the attached draft agreement and produce a second draft called “V2,”



8) The amended second draft agreement will be sent to your lawyers together with the back up financial documentation you each provided to me. At this point you will book a time to meet with them and review the draft agreement (V2),



9) Your lawyers will review the draft agreement with you (V2) and may discuss changes they would like to see on your behalf. Only the changes you ultimately agree to will be communicated to me. Usually the lawyers communicate their changes by email to me copying the other lawyer,



10) If the changes requested by your lawyers are substantive (meaning they substantially change the nature of the existing agreement) and the other person disagrees with the requested change, then we may need to meet again to work through the differences,



11) We would work through any issues, I would make necessary changes to the draft agreement. I would prepare the final agreement which would be sent to your lawyers by email. They would print it out and you would meet with your lawyers to sign the Agreement Marie will also need to have her lawyer prepare the documents necessary to transfer the home into her name. (I will explain this process in more detail when we speak).



12) For now, the immediate next step is to review the attached draft agreement (V1) and the spreadsheet (January 6, 2009) and let me know when you are ready to meet in person or have a telephone meeting.



13) My assistant will prepare an account for mediation services rendered to date including preparation of the draft agreement. You should receive your account in the next couple of weeks. The cost of the draft separation agreement includes up to one hour of review and/or revisions.



If you have any questions please feel free to contact me.

Best regards,

Mediator