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Adding Clauses and Duplicating Your Agreement

Learn about duplicating your agreement, running different scenarios, and incorporating additional clauses in the recitals or sections.

Updated over 2 months ago

Duplicating your agreement

You can run different scenarios and duplicate your agreement. To to so, duplicate your agreement on the Agreement Listing page (click the Divii logo if you're in your agreement). Click the button to duplicate your agreement. Be sure to label the agreement by adding a description so that you are able to easily navigate between scenarios.

Incorporating additional clauses into recitals

Recitals are introductory statements at the beginning of an agreement that provide context, background, and the intent of the parties entering into the agreement. They help clarify the purpose of the agreement and lay the foundation for the terms that follow. Recitals do not usually create enforceable obligations but are important for setting the tone and understanding of the agreement.

What are additional clauses in recitals?

When additional clauses are included in the recitals, they are typically statements that provide additional context or clarifying information about the relationship, the current situation, or the intention behind certain provisions in the agreement. These clauses help to explain why specific actions are being taken or why certain terms are included.

Examples of additional clauses:

Contextual Clause:
"Whereas, the parties recognize the importance of maintaining a stable and supportive environment for their children during their separation."

Intentional Clause:
"Whereas, the parties wish to ensure that both parents remain actively involved in the child’s life, despite the physical separation of their households."

These types of clauses in the recitals help to give background to the agreement, laying the groundwork for the more detailed provisions in the sections that follow.

Why include additional clauses in Recitals?

  • Clarifies intent: The recitals clarify the overarching intentions of both parties and the purpose of the agreement, which can be useful in case of disputes later.

  • Provides context: For example, if parents are using a Co-Parenting Agreement to manage visitation schedules or address concerns about introducing new partners, the recitals can explain these circumstances.

Incorporating additional clauses into Sections

While recitals set the stage for the agreement, sections are where the substantive, enforceable clauses are placed. These sections cover the actual terms and conditions that both parties must adhere to.

What are additional clauses in Sections?

Additional clauses inserted into the sections are the core provisions of the agreement. These clauses directly outline the responsibilities, rights, and obligations of each party. By including additional clauses in specific sections, you can ensure that the agreement is thorough and includes all necessary terms that both parties need to follow.

Examples of additional clauses in Sections:

Travel Provisions (Section on Parenting Time):
“The parties agree that prior to any travel involving the child, the parent traveling will provide at least 30 days’ notice to the other parent, including travel details and emergency contact information.”

Introduction of New Romantic Partners (Section on Relationships with Third Parties):
“Neither parent shall introduce the child to a new romantic partner until such time as the relationship has been ongoing for at least six months, and both parents shall inform each other of any introduction prior to the event.”

Annual Review Clause (Section on Review and Modification):
“The parties agree to review this agreement annually to ensure that it remains relevant and reflects the evolving needs of the child, with a formal meeting to be held no later than the 1st of January each year.”

Why include additional clauses in Sections?

Including additional clauses in the relevant sections provides clarity and detail and ensures the agreement covers all necessary situations and outlines clear expectations. Since sections are the actionable and enforceable parts of the agreement, adding specific clauses in these sections ensures that both parents are legally bound by the terms.

Each co-parenting situation is unique, and additional clauses allow parents to tailor the agreement to fit their specific needs, such as adjusting visitation schedules or outlining behaviour expectations. Other sections might require this flexibility and customization as well.

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