Сепарейшн эгримент Канада

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Free Separation Agreement

Use our attorney-drafted Separation Agreement to detail how a separated couple will handle property, assets, debts, and bills.

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Table of Contents

1. The Basics: What is a Separation Agreement?

A Separation Agreement is a written contract between two spouses who are married but want to live apart. The agreement outlines the couple’s practical concerns about how their property, assets, debts, and bills should be handled while they are separated.

If children are involved, the agreement helps clarify details about who should have custody, how frequently the other parent can visit, and whether child support is required. Similarly, if one spouse puts their career on pause to raise children, the Separation Agreement could address whether one person should receive spousal support or alimony.

Each state handles divorce proceedings differently.

Generally, a state can either:

  • REQUIRE a legal separation before filing for divorce
  • RECOGNIZE a legal separation but not require one
  • NEITHER require nor recognize legal separation

Unless you live in a community property state (AZ, CA, ID, LA, NV, AZ, NM, TX, WA, WI), the court does NOT grant a Separation Agreement. Instead, the couple negotiates amongst themselves the details of their separation and memorializes that agreement in a document. If a legal separation ends in divorce, you can ask the judge to include some or all of your Separation Agreement into the final divorce judgement or divorce decree.

Durational Residency Requirements
6 months \n»,»url»:null>,»AK»:<"text":"

ALASKA \n \n

Durational Residency Requirements
None \n»,»url»:null>,»AZ»:<"text":"

ARIZONA \n \n

Durational Residency Requirements
90 days \n»,»url»:null>,»AR»:<"text":"

ARKANSAS \n \n

Durational Residency Requirements
60 days \n»,»url»:null>,»CA»:<"text":"

CALIFORNIA \n \n

Durational Residency Requirements
6 months \n»,»url»:null>,»CO»:<"text":"

COLORADO \n \n

Durational Residency Requirements
90 days \n»,»url»:null>,»CT»:<"text":"

CONNECTICUT \n \n

Durational Residency Requirements
12 months \n»,»url»:null>,»DE»:<"text":"

DELAWARE \n \n

Durational Residency Requirements
6 months \n»,»url»:null>,»DC»:<"text":"

DISTRICT OF COLUMBIA \n \n

Durational Residency Requirements
6 months \n»,»url»:null>,»FL»:<"text":"

FLORIDA \n \n

Durational Residency Requirements
6 months \n»,»url»:null>,»GA»:<"text":"

GEORGIA \n \n

Durational Residency Requirements
6 months \n»,»url»:null>,»HI»:<"text":"

HAWAII \n \n

Durational Residency Requirements
6 months \n»,»url»:null>,»ID»:<"text":"

IDAHO \n \n

Durational Residency Requirements
6 weeks \n \n

Note
Petitioner must be a resident for six weeks. \n»,»url»:null>,»IL»:<"text":"

ILLINOIS \n \n

Durational Residency Requirements
90 days \n»,»url»:null>,»IN»:<"text":"

INDIANA \n \n

Durational Residency Requirements
6 months \n \n

Note
Must have been a resident of the state for six months, and a resident of the country for three months. \n»,»url»:null>,»IA»:<"text":"

IOWA \n \n

Durational Residency Requirements
None \n \n

Note
There is no durational residency requirement if Respondent is in Iowa, but there is a one-year requirement if only the Petitioner is in Iowa. \n»,»url»:null>,»KS»:<"text":"

KANSAS \n \n

Durational Residency Requirements
60 days \n»,»url»:null>,»KY»:<"text":"

KENTUCKY \n \n

Durational Residency Requirements
180 days \n»,»url»:null>,»LA»:<"text":"

LOUISIANA \n \n

Durational Residency Requirements
None \n»,»url»:null>,»ME»:<"text":"

MAINE \n \n

Durational Residency Requirements
6 months \n»,»url»:null>,»MD»:<"text":"

MARYLAND \n \n

Durational Residency Requirements
1 year \n»,»url»:null>,»MA»:<"text":"

MASSACHUSETTS \n \n

Durational Residency Requirements
1 year \n \n

Note
One year residence required depending on the grounds for divorce. \n»,»url»:null>,»MI»:<"text":"

MICHIGAN \n \n

Durational Residency Requirements
180 days \n»,»url»:null>,»MN»:<"text":"

MINNESOTA \n \n

Durational Residency Requirements
180 days \n»,»url»:null>,»MS»:<"text":"

MISSISSIPPI \n \n

Durational Residency Requirements
6 months \n»,»url»:null>,»MO»:<"text":"

MISSOURI \n \n

Durational Residency Requirements
90 days \n»,»url»:null>,»MT»:<"text":"

MONTANA \n \n

Durational Residency Requirements
90 days \n»,»url»:null>,»NE»:<"text":"

NEBRASKA \n \n

Durational Residency Requirements
1 year \n»,»url»:null>,»NV»:<"text":"

NEVADA \n \n

Durational Residency Requirements
6 weeks \n»,»url»:null>,»NH»:<"text":"

NEW HAMPSHIRE \n \n

Durational Residency Requirements
1 year \n»,»url»:null>,»NJ»:<"text":"

NEW JERSEY \n \n

Durational Residency Requirements
1 year \n»,»url»:null>,»NM»:<"text":"

NEW MEXICO \n \n

Durational Residency Requirements
6 months \n»,»url»:null>,»NY»:<"text":"

NEW YORK \n \n

Durational Residency Requirements
1 or 2 years \n \n

Note
New York requires one year of residency if the parties were married in the state or resided in the state as husband and wife. The state requires at least one party establishes two years of residency if the parties were not married in the state. \n»,»url»:null>,»NC»:<"text":"

NORTH CAROLINA \n \n

Durational Residency Requirements
6 months \n»,»url»:null>,»ND»:<"text":"

NORTH DAKOTA \n \n

Durational Residency Requirements
6 months \n»,»url»:null>,»OH»:<"text":"

OHIO \n \n

Durational Residency Requirements
6 months \n»,»url»:null>,»OK»:<"text":"

OKLAHOMA \n \n

Durational Residency Requirements
6 months \n»,»url»:null>,»OR»:<"text":"

OREGON \n \n

Durational Residency Requirements
6 months \n»,»url»:null>,»PA»:<"text":"

PENNSYLVANIA \n \n

Durational Residency Requirements
6 months \n»,»url»:null>,»RI»:<"text":"

RHODE ISLAND \n \n

Durational Residency Requirements
1 year \n»,»url»:null>,»SC»:<"text":"

SOUTH CAROLINA \n \n

Durational Residency Requirements
3 months to 1 year \n \n

Note
South Carolina\u2020s one-year residency requirement only applies where the plaintiff is a resident, but the defendant is not. If both parties are residents of South Carolina, the durational requirement is three months. \n»,»url»:null>,»SD»:<"text":"

SOUTH DAKOTA \n \n

Durational Residency Requirements
None \n»,»url»:null>,»TN»:<"text":"

TENNESSEE \n \n

Durational Residency Requirements
6 months \n»,»url»:null>,»TX»:<"text":"

TEXAS \n \n

Durational Residency Requirements
6 months \n»,»url»:null>,»UT»:<"text":"

UTAH \n \n

Durational Residency Requirements
3 months \n»,»url»:null>,»VT»:<"text":"

VERMONT \n \n

Durational Residency Requirements
6 months to 1 year \n \n

Note
Vermont law states either party to the marriage has resided within the state for a period of six months or more, but a divorce shall not be decreed for any cause, unless the plaintiff or the defendant has resided in the state one year preceding the date of final hearing. \n»,»url»:null>,»VA»:<"text":"

VIRGINIA \n \n

Durational Residency Requirements
6 months \n»,»url»:null>,»WA»:<"text":"

WASHINGTON \n \n

Durational Residency Requirements
None \n»,»url»:null>,»WV»:<"text":"

WEST VIRGINIA \n \n

Durational Residency Requirements
1 year \n»,»url»:null>,»WI»:<"text":"

WISCONSIN \n \n

Durational Residency Requirements
6 months \n»,»url»:null>,»WY»:<"text":"

WYOMING \n \n

Durational Residency Requirements
60 days \n»,»url»:null>>» data-default_hover_color=»#06abe2″>

While a state may require legal separation, no state requires you execute a separation agreement. Nonetheless, an agreement can help you confirm the tax, legal, and financial details of your separation.

A Separation Agreement will identify the following basic elements:

  • Parties: list the name of the two spouses who are married but want to live apart
  • Date of Marriage: when the couple was originally lawfully married
  • Res >

The couple may wish to file the Separation Agreement with their County Clerk’s Office where either person lives. In New York, for example, the filing fee is $5.00. Since some states require a period of separation, filing the Separation Agreement starts the clock to begin the process of finalizing a divorce. For example, one year AFTER signing and notarizing the Separation Agreement, the couple may convert their separation into a no fault divorce. Check your local county clerk’s office for more details on the divorce process.

As a reference, a Separation Agreement is known by other names, depending on each state:

  • Judicial Separation
  • Legal Separation Agreement
  • Marriage Separation Agreement

Separation Agreement PDF Sample

The sample separation agreement below details an agreement between the petitioner, ‘Barbara A Lewis’ and the respondent, ‘Juan B Johnson.’ Barbara A Lewis and Juan B Johnson agree on their intentions toward property and financial matters after their split.

2. When a Separation Agreement is Needed

Why do I need a separation agreement?

If you and your partner have come to a mutual agreement on how to dissolve the “business” aspects of marriage, a separation agreement allows you both to memorialize the details in an enforceable legal document. Alternatively, if you are considering a divorce but would like to try living apart first, a separation agreement can help you both walk through all the practical and emotional considerations of what life would be like apart instead of together.

Here are a few examples of when a couple might use a separation agreement:

  • Emotional Reasons
    • To emotionally prepare for a possible divorce
    • To demonstrate a willingness to cooperate and take care of each other
    • To begin the process of trying to reconcile while living apart
    • To comply with religious laws and obligations
  • Financial Reasons
    • To begin discussing or finalize how property and finances will be managed
    • To deduct payments for spousal support on your tax return during separation
    • To maintain the financial benefits of being married like medical insurance, filing taxes jointly, and government benefits like social security
  • Practical Reasons
    • To help facilitate discussion how custody of children and visitation rights be handled
    • To prepare for a meeting with a divorce attorney

According to this Forbes article, there are some possible benefits of a legal separation instead of a divorce:

  • Tax benefits of filing jointly and preserving the marital deduction for estate planning purposes
  • Military benefits like spousal support, retirement pay, health care, and legal assistance
  • Lifestyle maintained by pooling financial resources

The military does not recognize legal separation — you are either married or divorced. If you have not finalized a divorce, you are considered married. If either of you are military personnel, consult this Separation Agreement Survival Guide for Soldiers and Spouses for questions related to an Advance Return of Dependents (AROD), where the military pays for a civilian spouse stationed abroad to move back to the states due to marital difficulties. You do not need a separation agreement for an AROD — a letter from a professional like a counselor or priest confirming the couple’s difficulties is sufficient. The local military Legal Assistance Department in Hawaii has similarly compiled resources on Divorce and Separation.

What is the difference between a separation and a divorce?

While a divorce always involves legal separation, legal separation does not always end in divorce. In some instances, a period of separation may actually help a couple reconcile and continue their marriage. Perhaps distance does make the heart grow fonder.

Resources like The Gottman Institute, Mort Fertel’s Marriage Fitness System, and Suzanne Alexander’s Marriage Transformation have contributed to the body of knowledge on marriage education and have helped couples reconcile and/or learn how to create a stronger marriage, even during a period of separation.

You should NOT use a Separation Agreement if you do not know where your spouse is located or if your spouse refuses to agree. Instead, a Separation Agreement is best used when both spouses have come to a mutual understanding of how they would like to handle the “business” of living apart. Both spouses must both VOLUNTARILY sign the agreement.

What does it mean to live separate and apart?

State laws favor marriages as a stable building block of their communities. For those who have gone through a divorce, the emotional and financial stress caused on the couple and any children involved can be traumatic on the family and everyone involved.

Accordingly, many states often require the couple “live separate and apart” for a specific period of time before they can begin the process of filing for a divorce. Others states impose an additional “waiting” requirement after the first divorce documents are filed.

If you live in Arizona, Arkansas, or Louisiana and opted into a covenant marriage, you probably agreed to marital counseling and limited ground of divorce so proceed accordingly.

Even though you both may be living in the same home, you are “separated” if you no longer present yourselves to the world as a married couple.

  • Attending different activities
  • Eating meals independent of the other person
  • Div >

If you are living in the same household but sleeping in separate beds, spousal support or alimony is not tax deductible according to the IRS publication on alimony. For tax purposes, the IRS uses each state law to determine whether you are married or unmarried and meet the definition of a “decree of separate maintenance”.

3. The Consequences of Not Using a Separation Agreement

What happens if we do not use a separation agreement?

Without a Separation Agreement, one spouse may still be responsible for another spouse’s spending habits on their joint credit card. Similarly, shared marital assets and property may be mismanaged or depleted if the couple does not originally think through how everything should be fairly divided between them.

Instead of simply parting ways, a separation agreement could prevent costly litigation by creating a space for the couple to proactively walk through the nitty gritty details of how federal and state taxes should be handled or who should pick up their child from school. If getting married was a conscious and thoughtful decision, getting separated should similarly be approached with careful deliberations.

In addition to a Separation Agreement, you may need other legal documents like a Special Warranty Deed and Powers of Attorney to tie up the loose ends of the separation. You can specify a date and time when all closing documents should be signed and executed.

4. What Should be Included in a Simple Separation Agreement

A simple Separation Agreement should generally address the following:

  • Who gets to keep the children and claim the “child tax credit” or stay in the marital home and pay the property taxes or home mortgage
  • What property and debts will be divided between the couple
  • Where a future divorce will take place (i.e. state laws based on residency requirements)
  • When the couple originally got married and when they began living separate and apart
  • Why the couple is separating, such as an inability to reconcile differences
  • Whether the separation agreement will continue in effect after divorce is finalized
  • How a spouse, child, or even pet may be supported during the separation

If complicated real estate, pension, child custody, or tax questions are involved, be sure to consult an attorney or accountant to clarify any tax or legal consequences of your Separation Agreement.

Canadian Prenuptial Agreement

This document is accurate and up to date! It was last reviewed by a lawyer in November 2020.

Canadian Prenuptial Agreement

This Agreement is entered into by two people before they are married or united by a civil union. These agreements commonly include provisions for the division of property and payment of spousal support in the event of seperation.

Simply answer the questions below to personalize your Prenuptial Agreement

This legal document is also known as:

This form also known as: prenuptial agreement, prenuptial contract, marriage agreement, pre-marriage contract, contract to sign before marriage, marriage documents

Sample Canadian Prenuptial Agreement

Other Popular Documents
Related External Links

Free Canadian Prenuptial Agreement Templates

The sample documents below are provided for informational purposes only.

  • They are NOT up to date;
  • They have NOT been reviewed by a Lawyer;
  • They may NOT be legally val >

Below are some random samples we have created with Documatica. Please note that these documents reflect a certain set of answers, and it is very likely that the document you require is different. Do not rely on the templates below — create your own customized Prenuptial Agreement with our webpage.

Сепарейшн эгримент Канада

Most bands have the luxury of creating music together as they hash out riffs, play loudly and feel the combined excitement of a new song being born right in front of each other. Usually in a small, cramped jam space. This is not the case with SEPARATION AGREEMENT, a band born from being apart.

In the spring of 2015, LL Schultz (Down the Lees, Dating Myself) packed up her life in Vancouver, BC and moved to Ghent, Belgium to explore the other side of the world. Feeling the musical pangs of separation from one another, Sarah Jane Truman (Ghost House, The Doers) suggested a long distance writing project that spawned three emotionally charged songs, created and built upon using the internet. Back and forth, riffs and lyrics were sent to formulate their debut EP called Familiar Haunts.

The duo previously worked together on EP Island’s ‘Sweetish’ back in 2011. For SEPARATION AGREEMENT, they spent the summer/fall carefully crafting the tunes on Familiar Haunts, which is against EP Island’s mantra of a 3 day writing process. The single from the EP, Captain of Dads, explores the difficulties of not dealing with ones past. Your Ghost harnesses the raw energy of losing a loved one that you had a tumultuous relationship with, and Past Activist touches on the emotional impact of activism.

Who says you can’t create a meaningful relationship via the internet? Separation Agreement has.

CAPTAIN OF DADS MUSIC VIDEO — youtu.be/hd8y_BLD028

credits

released November 27, 2015

Vocals/guitar/drums: LL Schultz
Vocals/bass/keys: Sarah Jane Truman
Recorded/mixed by: LL Schultz
Mastered by: Stuart McKillop
Artwork by: Sarah Jane Truman

Separation and annulment

How separation and annulment are defined and how they work in relation to ending a marriage.

Separation

When people are married or are in an ‘adult interdependent relationship’ end their relationship and begin living apart from each other, they are separated. There is no such thing as a ‘legal separation’ in Canada, but being separated for a year is one of the grounds for divorce.

Adult interdependent relationship

Any of these relationships is considered an ‘adult interdependent relationship’:

  • interdependence with another adult for 3 years
  • less than 3 years if you’ve signed an Adult Interdependent Partnership Agreement
  • less than 3 years if you have had a biological child together

If people in an adult interdependent relationship are separated for 1 year, their relationship is officially considered to have ended. Partners of an adult independent relationship may also end their relationship by an agreement.

Separation agreements

A separation agreement is a contract between parties who are separating or divorcing. These usually deal with issues such as:

  • where your children will live and what time periods they will spend with the other parent
  • how much child support will be paid
  • how much spousal support will be paid
  • how property is divided

It is possible for you and your former spouse or partner to write an agreement yourselves, but it is recommended that you speak to a lawyer.

Annulment

An annulment is a court order that says that your marriage did not exist or was not valid – this is different from a divorce, which ends a valid marriage that previously existed. When a marriage is annulled, it ends immediately.

Annulments are only possible to obtain in rare situations such as:

  • your spouse was already married to another person when they married you
  • you married the person only because someone threatened your physical safety
  • you were impaired by drugs or alcohol to the point that you did not understand you were going through the marriage ceremony
  • you thought you were marrying one person, but it was actually another person
  • if the person you married is unable to consummate the marriage
  • if you were under the age of 18 at the time of the marriage, you did not have your parent’s consent, and you did not consummate the marriage

Sometimes a church or other religious institution might grant an annulment. This is different from a legal annulment.

You will need to speak with a lawyer to discuss an annulment.

Employment Separation Agreements

altrendo images/Getty Images

When employers decide to terminate a job, they’ll want the employee to release the company from any binding claims. To do this, most companies use an employment separation agreement. It’s a way of saying both parties have reached an amicable end to the working relationship.

Employment separation agreements aren’t required by law; companies use them to seal confidential company information or to protect themselves from lawsuits. After signing, an employee can’t sue employers for wrongful termination or severance pay. So the question is: Should you sign an employment separation agreement?

Terms of the Agreement

The separation agreement lists the conditions both parties agree to and the legalities of binding the contract. The conditions will supersede other agreements, including your employment contract, so examine the terms carefully. Common conditions include:

  • Details of the Separation: The agreement >
  • Amount and Method of Delivery: If the company offers wages and other payouts, the agreement must spell out the exact amount and nature of the compensation. The payout could be a lump sum or a structured plan. In all cases, it should stipulate the date and delivery method. When companies pay severance over a fixed period, the agreement must define the duration and payment structure.
  • Tax and Insurance: The agreement must outline tax deductions and payment policy. In certain cases, a company will continue paying into the employee’s health insurance plan. It could be the case if you’re in a group health insurance program, for example.
  • Non-Compete Provisions: A non-compete clause restricts you from undertaking a job in your field for a set time or in a specified location or both. It is another mechanism companies use to protect their interests. In other words, it prevents you from working for the competition. Make sure you understand the conditions and their implications before you sign. A non-compete clause can dictate the direction of future job prospects.
  • Conf >
  • Non-Disparagement: The company will outline what you can or cannot say about the company, its employment practices, and reasons for the termination.
  • Other Clauses: References, post-employment cooperation, the return of company property, and re-hiring policy may appear.

Signing an Employment Separation Agreement

Analyze the terms of a separation agreement and research labor laws in your state. The company will prepare an agreement to cover its interests first. Ensure that you are signing something that protects your rights as well. Consider:

  • The claims you will be giving up once you sign the agreement
  • The reasons for termination. Wrongful termination, due to discrimination, for example, may warrant alternative action.
  • Your age. If you’re older than 40, you have 21 days to think about the severance offer before it expires. You have an additional 7 days after signing to revoke the agreement.
  • Is the agreement is a general release? Does it cover all present and future actions, such as >

A good employment separation agreement protects both parties’ interests. Some employers draw up overly complicated agreements to confuse or intimidate employees. If you don’t understand the terms, seek advice from a lawyer before signing and giving up any rights.

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Reference ID: #05c95fc0-0b1a-11ea-b970-0537f6f5f3d4

Сепарейшн эгримент Канада

Most bands have the luxury of creating music together as they hash out riffs, play loudly and feel the combined excitement of a new song being born right in front of each other. Usually in a small, cramped jam space. This is not the case with SEPARATION AGREEMENT, a band born from being apart.

In the spring of 2015, LL Schultz (Down the Lees, Dating Myself) packed up her life in Vancouver, BC and moved to Ghent, Belgium to explore the other side of the world. Feeling the musical pangs of separation from one another, Sarah Jane Truman (Ghost House, The Doers) suggested a long distance writing project that spawned three emotionally charged songs, created and built upon using the internet. Back and forth, riffs and lyrics were sent to formulate their debut EP called Familiar Haunts.

The duo previously worked together on EP Island’s ‘Sweetish’ back in 2011. For SEPARATION AGREEMENT, they spent the summer/fall carefully crafting the tunes on Familiar Haunts, which is against EP Island’s mantra of a 3 day writing process. The single from the EP, Captain of Dads, explores the difficulties of not dealing with ones past. Your Ghost harnesses the raw energy of losing a loved one that you had a tumultuous relationship with, and Past Activist touches on the emotional impact of activism.

Who says you can’t create a meaningful relationship via the internet? Separation Agreement has.

CAPTAIN OF DADS MUSIC VIDEO — youtu.be/hd8y_BLD028

credits

released November 27, 2015

Vocals/guitar/drums: LL Schultz
Vocals/bass/keys: Sarah Jane Truman
Recorded/mixed by: LL Schultz
Mastered by: Stuart McKillop
Artwork by: Sarah Jane Truman

Separation Agreement and General Release

Lawyers within our network have agreed to share some of the documents they regularly use in the course of their practice along with annotations explaining different provisions and outlining decisions you might need to make. You can contact our lawyers and download a copy of this document.

An employment separation agreement, sometimes known as an employee separation agreement or a separation and release agreement, sets out the terms of an employee’s separation from a company. Employment separation agreements often include a release of claims against the employer in consideration for certain separation or severance benefits the employee would otherwise not be entitled to receive. Priori’s employment separation agreement template can help you understand the important terms to include in your employee separation agreement and how these terms work together in the document.

A lawyer is available for free consultations through Priori to discuss this document and much more.

SEPARATION AGREEMENT AND GENERAL RELEASE

This Separation Agreement and General Release («Agreement») is entered into between [Company Name], a [State of Incorporation or Location] [Type of Entity] [ and its parent corporation, affiliates, and subsidiaries ] (collectively, the «Company»), and [Employee Name] ( «Employee» ) (the Company and Employee collectively referred to as the «Parties») as of [Date] (the «Effective Date» ). The terms of this Agreement are the product of mutual negotiation and compromise between Company and Employee.

1. Separation Date

Employee’s last day of employment with Company is [Last Day of Employment] («Separation Date»).

2. Final Payment of Wages

Employee will receive all of Employee’s unpa >State ] law, [including but not limited to __ days of accrued unused vacation days [PTO]] , through the Separation Date. All payments will be subject to applicable deductions and withholdings required by law and pa >[Date and Method of Payment] .

3. Benefits and COBRA Coverage

Employee’s [family medical, dental, and vision] insurance will terminate on [End Date of Coverage] . Except as otherwise set forth below, all other benefits from [Employer], including any [Life Insurance or Acc >[Stock Options]

Employee will be prov >all requisite paperwork , pursuant to the Consol >[COBRA Effective Date] .

4. Return of Property

By the Separation Date, Employee must return all [Company Name] property, including identification cards or badges, access codes or devices, keys, laptops, computers, telephones, mobile phones, hand-held electronic devices, credit cards, electronically stored documents or files, physical files and any other [Company Name] property and information in Employee’s possession or control, any other materials of any nature pertaining to Employee’s work, and any documents or data of any description (or any reproduction of any documents or data) containing or pertaining to any proprietary or confidential material of [Company Name]. [Employee hereby represents that he/she has, as of the date of this Agreement, returned all [Company Name] property identified above.]

5. Separation/Severance Benefits

In consideration for the Employee’s execution, non-revocation of, and compliance with this Agreement, including the waiver and release of claims in Section 6, Company agrees to provide the following benefits («Separation Benefits») to Employee:

(a) [Dollar Amount], less applicable taxes and withholdings, which represents [_____ (_) weeks and __ days of base salary] («Separation Payment»). The Separation Payment shall be pa >[Date and Method of Payment] .

(b) [Other Benefits]

(c) [Other Benefits]

Employee agrees and understands that the Separation Benefits are in addition to those benefits to which Employee otherwise would be entitled to receive upon separation from employment, and that Company is not otherwise obligated to pay Employee the Separation Benefits but for Employee’s execution of, compliance with and non-revocation of any provisions of, this Agreement. Employee further acknowledges no entitlement to any additional payment or consideration not specifically referenced in this Agreement.

6. General Release of Claims.

(a) General Release and Waiver of Claims. In consideration for the Separation Benefits provided in this Agreement, Employee releases and forever discharges Company and its affiliates, subsidiaries, parents, predecessors, successors, assigns, and their current and former employees, officers, directors, shareholders, agents, attorneys, and insurers, both individually and in their business capacities, and their benefit plans and programs and their administrators and fiduciaries (collectively referred to throughout the remainder of this Agreement as «Releasees») of and from any and all claims, demands, and causes of action, obligations, judgments, rights, fees, damages, debts, obligations, liabilities, and expenses (inclusive of attorneys’ fees) of any kind whatsoever (collectively, «Claims«), whether known or unknown, asserted or unasserted, which Employee has or may have against Releasees as of the date of Employee’s execution of this Agreement, including but not limited to, any alleged violation of:

  • Title VII of the Civil Rights Act of 1964;
  • Sections 1981 through 1988 of Title 42 of the United States Code;
  • The Employee Retirement Income Security Act of 1974 («ERISA») (except for any vested benefits under any tax-qualified benefit plan);
  • The Immigration Reform and Control Act;
  • The Americans with Disabilities Act of 1990;
  • The Age Discrimination in Employment Act of 1967 («ADEA»)
  • The Worker Adjustment and Retraining Notification Act;
  • The Fair Credit Reporting Act;
  • The Family and Medical Leave Act;
  • The Equal Pay Act;
  • The Genetic Non-Discrimination Act of 2008;
  • [Applicable State laws]
  • Any other federal, state, or local law, rule, regulation, or ordinance that legally may be released;
  • Any public policy, contract (express and implied), tort, or common law, including but not limited to claims of breach of an expressed or implied contract, tortious interference with contract or prospective business advantage, breach of the covenant of good faith and fair dealing, promissory estoppel, detrimental reliance, invasion of privacy, nonphysical injury, personal injury or sickness or any other harm, wrongful or retaliatory discharge, fraud, defamation, slander, libel, false imprisonment, or negligent or intentional infliction of emotional distress; or
  • Any basis for recovering costs, fees, or other expenses including attorneys’ fees incurred in these matters.

(b) Claims Not Released. Employee is not waiving any rights Employee may have to: (a) Employee’s own vested accrued employee benefits under Company’s health, welfare, or retirement benefit plans as of the Separation Date; (b) benefits and/or the right to seek benefits under applicable workers’ compensation and/or unemployment compensation statutes; (c) pursue claims which by law cannot be waived by signing this Agreement; (d) enforce this Agreement; and/or (e) challenge the validity of this Agreement.

(c) Governmental Agencies. Nothing in this Agreement prohibits or prevents Employee from filing a charge with or participating, testifying, or assisting in any investigation, hearing, or other proceeding before any federal, state, or local government agency. However, to the maximum extent permitted by law, Employee agrees that if such an administrative claim is made, Employee shall not be entitled to recover any individual monetary relief or other individual remedies.

(d) Collective/Class Action Waiver. If any claim is not subject to release, to the extent permitted by law, Employee waives any right or ability to be a class or collective action representative or to otherwise participate in any putative or certified class, collective, or multi-party action or proceeding based on such a claim in which a Company or any other Releasee identified in this Agreement is a party.

[7. Release of ADEA Claims

Employee acknowledges that Employee is waiving any and all claims Employee may have pursuant to the Age Discrimination in Employment Act («ADEA») relating to Employee’s employment with Company. Employee further acknowledges and agrees that Employee has at least twenty-one (21) days to consider whether Employee should agree to release claims, if any, under the ADEA. Employee further understands that Employee may revoke his/her waiver of ADEA claims within seven (7) days following his/her execution of this Agreement. Any revocation within this period must be submitted, in person or in writing, to [Contact Person and Contact information]. To be effective, the revocation must be personally delivered or postmarked within seven (7) calendar days after Employee signs this Agreement. Employee also acknowledges that Employee has been advised to consult with counsel related to the waiver of claims pursuant to the ADEA and that Employee has consulted with counsel or has waived the right to do so. Provided that Employee does not revoke this Agreement, it shall become effective and enforceable on the eighth (8th) day after Employee executes the Agreement.]

[8. Unemployment Benefits And References ]

9. Continuing Obligations Under Prior Agreements.

Employee has signed the attached [Confidentially and Proprietary Rights Agreement/Non-Compete Agreement/ etc.] (collectively, «Prior Agreements). The Prior Agreements remain enforceable and binding and remain in full force and effect in accordance with their terms, and Employee agrees to comply with the terms of these Prior Agreements. Breach of the Prior Agreements by Employee shall be considered a breach of this Agreement.

10. Non-Disparagement

Employee promises and agrees that [he/she] shall not at any time make, publish, or communicate to any person or entity or in any public forum any defamatory or disparaging remarks, comments, or statements concerning the Company or its businesses, or any of its employees or officers. This section does not, in any way, restrict or impede Employee from exercising protected rights (for example, rights under the National Labor Relations Act (NLRA)) to the extent that such rights cannot be waived by agreement, or from complying with any applicable law or regulation or a valid order of a court of competent jurisdiction or an authorized government agency.

11. Additional Terms

(a) Employee Representation. Employee represents that (i) Employee has not filed, commenced, or in any other way participated in the bringing of an action, proceeding, or claim of any kind, judicial, administrative, or otherwise, against Releasees relating to Employee’s employment with Company, (ii) that Employee is not aware of any lawsuit, claim, or demand, or of any threat of a lawsuit, claim, or demand, or of any facts or circumstances that could give rise to a lawsuit, claim, or demand against Employee or Releasees arising from or relating to Employee’s actions or omissions during Employee’s employment at Company.

(b) Employee Affirmation. Employee affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which Employee may be entitled.

(c) No Admission of Liability. Employee agrees that this Agreement shall not be deemed or construed at any time for any purpose as an admission by the Company of any liability, wrongdoing, or unlawful conduct of any kind.

(d) Attorney Consultation and Fees. Employee acknowledges and confirm that Company has encouraged Employee to consult an attorney, that Employee has had the opportunity to consult with an attorney prior to executing this Agreement, and that Employee either consulted with an attorney or waived the right to do so. Employee further agrees that any fees and expenses of Employee’s attorney[s] will be Employee’s sole responsibility.

(e) Time for Signing and Revocation of Agreement . [Employee confirms that it had the opportunity to consider this Agreement for a period of up to twenty-one (21) days. Employee further understands that Employee may revoke this Agreement at any time during the seven (7) days following the date of Employee’s execution of this Agreement by giving written notice of revocation within this period, in person or in writing, to [Contact Person and Contact information]. Employee understands that this Agreement shall not become effective or enforceable until the seven (7) day revocation period has expired. If Employee does not revoke this Agreement during the seven (7) day revocation period, the eighth (8th) day following the date of your execution of this Agreement shall be the date when this Agreement becomes effective and enforceable.]

(f) Acceptance. To constitute a legally binding acceptance of this Agreement by Employee, it must be executed by Employee on or after the Separation Date.

(g) Counterparts. This Agreement may be executed in separate counterparts and by facsimile, and each such counterpart will be deemed an original with the same effect as if the Parties had signed the same document.

(h) Assignment of Rights. Each of the Parties hereto represents and warrants that it has the power and authority to enter into this Agreement and that it has not assigned or otherwise conveyed, or attempted to convey, any of the rights released herein.

(i) Successors. This Agreement shall be binding upon and inure to the benefit of each Party to this instrument, and to all employees, agents, servants, insurers, legatees, attorneys, predecessors, successors, assigns heirs, executors, parents, officers, directors, shareholders, and joint venturers of each Party to this Agreement.

(j) Agreement Not To Be Construed Against Any Party. Each Party acknowledges that it has participated in the drafting and preparation of this Agreement, and hence no rule of construction may be used to construe this Agreement against any Party by virtue of that Party’s role in drafting this Agreement.

(k) Captions and Headings. Captions and headings of the sections and paragraphs of this Agreement are intended solely for convenience, and no provision of this Agreement is to be construed by reference to the caption or heading of any section or paragraph.

(l) Consequences of Breach. Employee and the Company agree that if either party breaches any provisions in this Agreement, the prevailing party will be entitled to recover its reasonable attorney’s fees and costs in any lawsuit or action brought to enforce this Agreement.

(m) Governing Law/Severability. This Agreement shall be governed and conformed in accordance with the laws of the State of [State] without regard to its conflict of laws provision. In the event of a breach of any provision of this Agreement, either party may institute an action specifically to enforce any term or terms of this Agreement and/or to seek any damages for breach. Should any provision of this Agreement be declared illegal or unenforceable by any court of competent jurisdiction and cannot be modified to be enforceable, excluding the general release language, such provision shall immediately become null and void, leaving the remainder of this Agreement in full force and effect.

[(n) Section 409A .]

12. Complete Agreement

This Agreement contains the complete agreement of the Parties relating to the Employee’s separation from employment and the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, between the Parties, except as provided in section [9] of this Agreement. The Parties further understand and agree that this Agreement can be amended or modified only by a written agreement, duly signed and executed by both Parties.

13. Employee Acknowledgment

EMPLOYEE IS ADVISED TO CONSULT WITH AN ATTORNEY PRIOR TO SIGNING THIS AGREEMENT. EMPLOYEE ACKNOWLEDGES AND AGREES THAT employee HAS FULLY READ and UNDERSTANDS the agreement’s binding legal effect. EMPLOYEE further ACKNOWLEDGES AND AGREES THAT employee has had a reasonable period of time to consider all of the terms and provisions, and HAS HAD AN OPPORTUNITY TO ASK QUESTIONS AND CONSULT WITH AN ATTORNEY OF employee’s CHOICE BEFORE SIGNING THIS AGREEMENT. EMPLOYEE FURTHER ACKNOWLEDGES that employee is signing this agreement freely and voluntarily and THAT employee’s SIGNATURE BELOW IS AN AGREEMENT TOWAIVE, SETTLE, AND RELEASE ALL CLAIMS EMPLOYEE HAS OR MIGHT HAVE AGAINST THE COMPANY AND THE RELEASEES, EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED in the agreement.

[EMPLOYEE understands THAT EMPLOYEE HAS UP TO [TWENTY-ONE (21)] CALENDAR DAYS TO CONSIDER THIS AGREEMENT. EMPLOYEE MAY REVOKE THIS AGREEMENT FOR A PERIOD OF SEVEN (7) CALENDAR DAYS FOLLOWING THE DAY EMPLOYEE SIGNS THIS AGREEMENT. ANY REVOCATION WITHIN THIS PERIOD MUST BE SUBMITTED PURSUANT TO section 11(e) OF THis AGREEMENT. EMPLOYEE AGREES THAT ANY MODIFICATIONS, MATERIAL OR OTHERWISE, MADE TO THIS AGREEMENT, DO NOT RESTART OR AFFECT IN ANY MANNER THE ORIGINAL UP TO TWENTY-ONE (21) CALENDAR DAY CONSIDERATION PERIOD.]

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