CANADA
PROVINCE OF QUEBEC
DISTRICT OF MONTREAL
No.:
SUPERIOR COURT
(Family Division)
ANDRES LEONARDO DE CASTRO
(hereinafter: the “Husband”)
and
JESSICA ELIZABETH WATTS
(hereinafter: the “Wife”)
Joint Applicants
(Collectively hereinafter: the “Parties”)
CONSENT TO JUDGMENT FOR
SEPARATION FROM BED AND BOARD
WHEREAS on July
May
7,
May20,
7, 2011, the Parties married in Toronto, in the Province of
Ontario;
WHEREAS on October 5, 2011, 5 months later, the Parties separated and have
lived apart since;
WHEREAS the Parties adopted the matrimonial regime under the laws of the
Province of Ontario, the domicile of the Parties at the time of marriage. No marriage
contract preceded their union;
WHEREAS the Parties have not changed, nor are they in the process of changing,
their matrimonial regime;
WHEREAS no child was born of the Parties’ marriage;
WHEREAS neither party is subject to any conditions involving the other party, in virtue
of an order, promise or undertaking under the Criminal Code (R.S.C. 1985, c. C-46);
Husband
Wife
Page 2 of 6
WHEREAS the Parties have each had the opportunity to benefit from independent
legal counsel. They are well-advised of their respective rights and obligations, and,
have signed this Agreement freely and voluntarily;
WHEREAS the Husband is employed and he earns approximately $271,814 per year;
WHEREAS the Wife is self-employed, she earns approximately $15,000 per year and
receives support from her last conjoint de fait;
WHEREAS the Parties have reached an agreement concerning their separation. As
such, under this agreement, the Parties wish to settle all matters related to or arising
from the breakdown of their marriage and their separation from bed and board, as well
as all matters relating to any other source of law whether related or not to their union,
marriage or separation. Namely, and without limitation, the Parties hereby settle any
and all claims and obligations resulting to or from the partition of the matrimonial
regime, the partition of Family Patrimony, a lump sum, spousal support, the whole on a
final and amicable basis (hereinafter: the “Agreement”);
AND WHEREAS the Parties agree that the Agreement forms an integral part of any
final Judgment of separation from bed and board;
THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1
PREAMBLE
1.1
The preamble forms an integral part of the Agreement;
2
SPOUSAL SUPPORT
2.1
Renunciation to spousal support: The Parties shared common life for 5
months before they separated, more than 10 years ago. Furthermore, the
Parties hereby declare that they are each financially self-sufficient, autonomous
and independent. As such, the Parties do not require any form of spousal
support, one from the other and they hereby renounce, and give complete and
final and irrevocable acquittance one to the other, to the payment of any
spousal support for the past, present and future, either by way of periodic
payment or lump sum;
Husband
Wife
Page 3 of 6
2.2
The Parties realize that there may be future changes in their financial
circumstances by reason of an accident, their health, the cost of living, their
employment, financial mismanagement, inheritance or otherwise. No change
whatsoever, even if it is material, profound, catastrophic, foreseeable or
otherwise, will give either party the right to claim or obtain support,
maintenance, alimentary pension, lump sum or a compensatory allowance from
the other whether or not it arises out of circumstances existing during the
cohabitation of the Parties;
3
THE FAMILY PATRIMONY AND MATRIMONIAL REGIME
3.1
The Former Family Residence: The Parties did not own a former family
residence together and as such, there is no partition;
3.2
Furniture and Furnishings: The Parties declare that the furniture and
contents of their former common domicile have been equitably partitioned to
their mutual satisfaction upon their separation. As such, neither party will make
any claim for compensation with respect thereto, either now or in the future;
3.3
Vehicles:
Each party will retain the vehicle in their possession. Said vehicle
will remain each parties’ sole property and each party will be entirely
responsible for any and all expenses and debts related to said vehicle. As
such, neither party will be responsible for any such vehicle expenses nor will
they make any claim for compensation with respect thereto, for the past,
present or in the future;
3.4
Private pension plans, RRSPs etc: Each Party shall retain all of his/her rights
and interest in his/her pension plans of any nature whatsoever including
RRSP’s and this without compensation to the other party. Each party confirms
that he or she knows the extent of the value which may be partitioned and the
possibility of being informed of its exact amount;
3.5
Renunciation to Pension Plans: Each party renounces in favor of the other
party to the partition of registered earnings during the marriage pursuant to the
Act respecting the Quebec Pension Plan, the Canada Pension Plan or similar
plans. Each party confirms that he or she knows the extent of the value which
may be partitioned and the possibility of being informed of its exact amount;
Husband
Wife
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3.6
Other property:
All other property of any nature whatsoever, movable
and/or immovable, shall remain the sole and absolute property of the party in
whose possession and/or under whose control it is and/or in whose name it is
registered, including and without limiting the generality of the foregoing, all
TFSA’s, GIC’s, Bonds, Stocks, Shares and any personal bank accounts;
3.7
Debts: The Parties have no debts for which they are jointly responsible. Each
party shall be solely liable for any debts or liabilities in that party’s name and
hold harmless the other party with respect thereto. This includes all lines of
credit, bank loans, credit card debts, personal debts and professional debts;
4
DECLARATION OF PARTITION, RELEASE AND DISCHARGE
4.1
Final partition and Release and Discharge: The Parties acknowledge that
this Agreement constitutes a full and final dissolution and partition of the
matrimonial regime and the Family Patrimony and subject to the execution of
the provisions contained herein, each party hereby reciprocally and irrevocably,
releases and discharges the other from any and all claims relating to property
and/or spousal support in any form whatsoever, past, present and future,
arising from their marriage, its dissolution, the dissolution and partition of their
matrimonial regime and the family patrimony. The Parties understand that this
release and discharge includes any claims and causes of action which they
had, now have or may in the future have against the other for alimentary
support, maintenance, lump sum, compensatory allowance, partition of family
patrimony and or the matrimonial regime, partition of property of any nature
whatsoever, and more generally with respect to any claim of a civil or corporate
nature, whether under the Civil Code of Quebec, or otherwise under presently
existing legislation or future legislation whether applicable in this jurisdiction or
in another jurisdiction;
5
LEGAL COUNSEL
5.1
Legal counsel: The Parties acknowledge that they each had the opportunity to
be represented and/or have consulted independent legal counsel;
Husband
Wife
Page 5 of 6
6
MISCELLANEOUS
6.1
Judgment and costs: This Agreement shall be filed into court by way of an
application for separation from bed and board so that the Agreement may be
incorporated into the judgment to intervene;
6.2
Other documents and acts: The Parties will cooperate with each other in
respect to the implementation of this Agreement and shall execute such other
documents and agreements as may be necessary in order to give full force and
effect to the spirit and intent thereof;
6.3
Transaction: This Agreement constitutes a final settlement and binding
transaction with respect to any claims or demands of any nature one has or
pretends to have against the other, for himself or for herself, and further
constitutes a transaction in accordance with the provisions of Articles 2631 and
following of the Civil Code of Quebec;
6.4
Entire agreement: The Parties agree that upon the signature of this
Agreement by both Parties, it will constitute the full and entire agreement
between them and as such it supersedes any and all previous agreements,
verbal or written;
6.5
Free and enlightened consent: Each party has given their free and
enlightened consent to this Agreement. Each party has not been subjected to
fear, fraud, or duress. Neither party, has been pressured in any manner to sign
this Agreement;
6.6
Disclosure and Waiver: The Parties declare that they are satisfied with the
financial disclosure they have given to each other. The Parties hereby release
their respective attorneys from making any further inquiry, audit, investigation or
examination of the Parties’ finances, net worth and/or income;
6.7
Successors: This Agreement is binding on the Parties, their successors,
executors, heirs and beneficiaries;
6.8
Severability: Each term, clause and condition of this Agreement is severable,
and in the event, that such term, clause and condition is by final judgment of
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Wife
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any Court of competent jurisdiction adjudged to be null and inoperative, then
and in such, event all other terms, clauses and conditions of this Agreement
shall remain in force notwithstanding such nullity or unenforceability;
6.9
Language: The Parties declare that they have specifically requested that the
present Consent be drafted in English. Les parties reconnaissent avoir exigé
que la présente Convention et tous les documents y afférents soient rédigés en
anglais.
AND THE PARTIES HAVE SIGNED AT:
Montreal, Quebec
this ____th day of April, 2022
ANDRES LEONARDO DE CASTRO
Toronto, Ontario
this ____th day of April, 2022
JESSICA ELIZABETH WATTS
DANIEL COOPER
Attorney for the Husband
1 Holiday Ave. #647
Pointe-Claire, Qc H9R 5N3
T: 514-694-0013 / F:514-694-0014
daniel@marcilcooper.com
Husband
Wife