What the separation agreement is
The Matrimonial Separation Agreement is a formal legal contract covering the full scope of the separation, with all financial and parenting arrangements. The agreement is more condensed than the Negotiated Resolution Plan™. It captures the legal terms, whereas the Resolution Plan tells the story. Each document serves a different purpose, and they travel together to your independent legal advisors. They now have the complete picture: the formal contract and the context behind it.
On the financial side, the Separation Agreement addresses property division and asset transfers, the equalization payment, spousal support, and child support.
On the parenting side, it incorporates the complete Nurtured Children Plan™: the parenting plan, decision making responsibility, parenting arrangements, section 7 expenses, and all provisions relating to the children's welfare and upbringing.
Any deviations from standard legal outcomes are clearly addressed in the agreement with appropriate protective language. Examples could be a spousal support arrangement that falls outside the advisory guideline range, or an unequal division of family property by mutual agreement. These are addressed separately so nothing is left ambiguous, and nothing is left exposed.
The Financial Disclosure schedule you have agreed to in the division stage is attached to the agreement as a formal appendix and becomes part of the record.
How the agreement is drafted
Fairway facilitates the drafting of the Separation Agreement through its legal department or a local lawyer. They work directly from the approved Resolution Plan you have both agreed to, and translate it into a legally sound contract. They check that the agreement is internally consistent, that every provision complies with the applicable provincial and federal family law, and that any departures from standard legal outcomes are properly addressed.
In the traditional system, separation agreements are drafted adversarially. Typically, one party’s lawyer drafts the initial agreement, and the other party’s lawyer negotiates the details on behalf of their client. The process can feel combative, with each side looking for changes rather than collaboratively resolving issues.
The Separation Agreement drafted with Fairway Divorce Solutions is different. There is only one version, which is based on the Resolution Plan you have both already agreed to. Any questions that arise during drafting are resolved before the document is sent to your lawyer for the Independent Legal Advice stage.
Once the agreement is drafted, both parties receive it alongside the Resolution Plan. They review it, and any corrections needed are addressed at this stage.
