When using Divii to prepare your Separation Agreement, completing Divii is one of the most important early steps. Divii will help you organize and share the financial and legal details that form the foundation of a clear, fair agreement.

Divii is secure. Your data is stored in a legal cloud located in Canada. It’s designed for collaborative use, meaning both parties contribute to the same document. You’ll be able to see each other’s entries, which helps reduce duplication and ensures a complete picture of your shared and individual assets. While you should never delete or alter information your spouse has entered, any disagreements about the content can be addressed during mediation or further discussion.

When filling in Divii, it’s important to list everything you own today. Regardless of when or how it was acquired, whose name it is in, or whether you consider it shared, include it. Even if it is an account with only $2.00 in it, it should still be listed. A good Separation Agreement includes a full accounting of all assets and liabilities and outlines a plan for how they will be handled. If something is not listed in the agreement, it may still be open to future division, including any growth in value.

It is also important to include all assets even if you believe they should not be shared with your spouse. Divii allows you to identify assets or portions of assets that you feel should be excluded from the shared family property pool. By listing them, you ensure full disclosure and allow the Separation Agreement to clearly state the plan for excluding them. This protects both parties and helps prevent future disputes.

If you are unsure about some details, just provide what you can. At a minimum, you should be able to enter your income, liabilities, and known assets and debts. The other party will add their details as well, so together you create a full and accurate picture.

A common question is whether to use current values or values from the date of separation. In most cases, the law calls for the most recent valuation, usually close to the time of mediation or when the agreement is being finalized, because asset values often change over time. Unless otherwise agreed, today’s value is what typically matters. The intention is that both parties share in the increases of value and neither party financially benefits from a delay.

However, if you and your spouse prefer to use earlier valuations (such as the actual date of separation), Divii allows for that too. In these situations, it is important to make sure everything stays consistent. For example, if you are using the date of separation as the valuation date, you should also ensure that any support payments, such as child or spousal support, were made from that date forward.

If support was not paid during that period, you may need to consider whether there are arrears of support that should be addressed. Consistency helps ensure fairness. If one party was able to save money or build assets after separation or the other spouse incurred a debt to be able to live, you should consider if that was because support was not being paid.
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Ultimately, you and your spouse can agree on whatever valuation date makes sense for your situation. Divii will help you account for and document it properly so that your Separation Agreement reflects the approach you have chosen.

Providing a thorough and accurate listing ensures your Separation Agreement is built on a solid foundation. It helps both parties stay informed and prepared, supports fair negotiations, and reduces the likelihood of future disputes.