A separation agreement is a vital document that acts as a legal contract between you and your spouse or partner when you separate. Separation agreement provides the parties with the flexibility and certainty to determine their own affairs with respect to all aspects of their separation other than the divorce itself. This agreement can form the basis of a divorce decree and help avoid the stress of an adversarial separation process.
Separation agreements address various legal issues when couples decide to part ways, including support payments and dividing assets and debts. Given the complexity and finality involved, seeking the assistance of our lawyers to ensure that the agreement is fair is vital. We will ensure that your legal rights and entitlements are protected, and that you have the full understanding of them. We will confirm you are signing the agreement willingly and without undue influence or duress.
A separation agreement is not required in Alberta, but it is recommended.
Even if you are not married, a separation agreement is advisable. The same reasons that make separation agreements beneficial for married couples apply to non-married couples, ensuring clarity, reducing conflict, and providing legal protection.
By having a separation agreement, you remain in control of the terms rather than leaving decisions solely in the hands of the Courts.
As a legally binding document, a separation agreement clearly outlines your rights and responsibilities, helping to avoid future misunderstandings and potential disputes.
It is enforceable in Court if either spouse fails to fulfill their duties according to the agreement. Additionally, it can inform family members and financial institutions, such as the Canada Revenue Agency, of the terms of the separation.
Many contract terms can have significant legal implications that you might not recognize. Seeking ILA is essential to protect yourself when entering separation agreements. Typically, one party’s lawyer drafts and advises on the agreement, while the other party obtains ILA from a different lawyer. Reasons for ILA include:
Choosing the right family lawyer is a critical step in navigating legal challenges with confidence. Family Law is a dynamic and delicate practice that demands compassion, care, and communication. Our lawyers handle each case collaboratively, leveraging over 50 years of experience from the day of your free consultation to when your file becomes closed. Our initial consultation is designed to listen to your concerns, understand your goals, and offer clear, thoughtful guidance. We work hard to build a trusting relationship and offer the dependable support you need to move forward with peace of mind.
An Alberta family lawyer must review your legal rights and entitlements, ensure you understand them, and confirm that you are signing the agreement freely and voluntarily without undue influence or duress.
For a separation agreement, the disclosure requirements can vary, but they often involve Form Fl-17 of the Alberta Rules of Court. Your lawyer’s job is to make sure you have all the necessary information to understand how property will be handled and divided under the Family Property Act of Alberta.
Seeking legal advice before entering mediation or settlement discussions with your spouse is advisable. Your lawyer can recommend necessary disclosures and ensure you are prepared for negotiations.
A separation agreement is advisable if you and your partner have children, own property, or have joint bank accounts. Similar to married couples, it helps outline the division of assets, custody arrangements, and support obligations.