13 Steps to a separation agreement.
(with my comments in brackets!)
(with my comments in brackets!)
Dear Marie and SU :
Thank you for meeting with me this week. . This e-mail will provide a brief summary of your discussions.
Parenting
1. It is anticipated that Rebel will remain living with Marie and Rebel Junior will reside equally with both of you. Given the children's ages you agree that their wishes regarding the weekly schedule and sharing of holidays will be respected. (key word.... respected)
2. You agree however that you want some structure in a parenting schedule and you will share common boundaries and household rules.(this would be a first!)
Child Support
3. Your incomes are relatively equal and you therefore agreed that you would equally share expenses for the children including post secondary education costs, dance (including classes, trips and costumes) clothes and special expenses, such as RJ's upcoming trip and both girls' driver's education.
4. Neither party will incur an expense for the children for which they expect reimbursement from the other parent unless that parent agrees to participate in the expense in advance of the expense being incurred.(agrees... so.... I guess if he wants to purchase another $700 camera I can say no and it would have teeth!)
5. With respect to clothing you will exchange information about what is needed by the children and mutually agree to a budget.
6. You have money earmarked for post secondary education. (you would be ME!)
Property Settlement
7. As part of the overall property settlement Marie will purchase SU's interest in the matrimonial home. Marie will assume or refinance the existing mortgage into her name alone. (yep I will! hello carpenter contractor guy?!)
8. Each of you will keep the assets registered in your individual names except you will transfer ownership of the cars.
9. Marie will pay SU a full and final settlement. The payment will be made to SU once a final separation agreement is signed and the legal paperwork has been completed to transfer the home and mortgage into Marie's name.
10. I have attached a copy of the spreadsheet we reviewed together in mediation setting out your property settlement.(now there's a lot of blah blah blah! but that's where the numbers told the story!)
Spousal Support
11. There is no spousal support payable. The agreement will reflect that each of you forever releases your right to make a claim for spousal support against the other. ( pretty forever final eh?)
Next Steps
12. I will prepare a draft separation agreement for your review and comment and send it to you by email within the next two weeks. I will then arrange a three way conference call to review the agreement with you and answer your questions and make any changes, corrections necessary.
13. After we complete our review and I make the necessary changes to the draft agreement I will send the revised draft agreement to your lawyers for their review with you. There may be further changes to the agreement resulting from your lawyers' recommendations, if so, those changes will be made and a final draft will be sent to your lawyers for signing by you. (NOTHING like a lawyer reviewing another lawyer's work... this should be the fun part!)
BONUS!
Normally we send clients an account, including the fee for the draft agreement, and receive payment in advance of my sending the draft agreement to the clients. My admin person is on vacation this week so preparation of the account will be delayed. I will not hold up on the drafting of the agreement. (how generous.... for a lawyer!)
Please feel free to contact me if you have any questions.(done that - so really - I don't owe him * a thing* except for 50% of the house revenue?)
Best regards,
THE MEDIATOR ,
Mediator & Collaborative Lawyer
3 comments:
cool! Sounds like you got an agreement you can live with.
I'll bet you are excited to get some remodeling done to make it "your" home. I know that helped for me (not that I really had any issues anyway but I did notice it after I had done it)
~R
There are mice in the house Rudy, and I am desperate to get to the cause - ie where are they getting in and how do I stop it, rather than the symptom... kill the critters with the peanut butter traps that is the SU solution.
sigh... They only come at the onset of the real cold - a only a few no nests... BUT still... the little shuffle shuffle in the basement walls and mouse turds in my kitchen cupboards makes me crazy!
So the carpenter and a pest control company will hopefully help me fill in the cracks so when there is no SU to kill critters, there won't be any critters that need killing! LOL
that's my big one...
and yes... it's a fair deal glad it's done.
Just got rid of a couple that got into my house during the bitter cold. I suspect the door to the garage didn't latch and while my house sitter was at school they came into the house.
Since I trapped the two there have been no more sightings or need to empty traps. So, like you, I managed to escape the nesting phase.
Now those darn Malamutes who will dig a hole along side the house deep enough to bury themselves in search of a shrew did nothing to discourage the two mice. Dorks!
~R
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