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Separation Agreement Clauses

Today, we'll be discussing some items you should consider regarding separation agreements, and certain factors that you may not know are important if there are children of the marriage.

Hello, my name is Nick Slinko and I am an associate with the Feldstein Family Law Group. In today’s video, I will be discussing separation agreements and some items to consider including therein that you might not realize are important when there are children of the marriage.

Long weekends

Will you opt to include a holiday Monday as part of a defined access weekend or will the usual parenting schedule prevail? Would you want to have the opportunity to spend a longer period of time with your child or would you prefer to keep things as routine as possible?

Summer holidays

When should summer holiday plans be finalized? Do you like to book travel well in advance, or do you prefer to find last minute deals? An April 1st deadline is typical for many families, but think about your vacation preferences before finalizing your agreement.

Children’s extracurricular activities

Can both parents attend the children’s activities regardless of the parenting schedule, or, will this be exclusive time? What would your children prefer?

Life insurance

Most spouses are inclined to remove their former spouse as a beneficiary of any kind, but this is not always in the best interest of your children. If you pay child support, we generally encourage you to have enough insurance to sustain your support obligations in the event of your death and to list your spouse as the beneficiary in trust for the children.


Will you attend parent teacher conferences together or separately? Will you need separate copies of report cards and school memos? Another school issue to consider is participating in field trips; will you alternate or is this typically the domain of one parent?


This is particularly important when there are young children, will you alternate from year to year or abide by the typical parenting schedule or will you take your child out together? Who will pay for Halloween costumes?


A separation agreement should contemplate the birthdays of parents and children. Do you want the children to celebrate your birthday with you? Will you agree to host children’s parties jointly, or, would you prefer to alternate year to year? Again, what would your children prefer?

The lawyers at Feldstein Family Law Group are both skilled and creative when it comes to preparing a separation agreement. For more information about clauses related to children, please contact our office for a consultation at (905) 581-7222.

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