A separation agreement provides a clear path forward during separation.
When relationships change, formalizing the terms of your separation is a vital step. A separation agreement allows you to clearly define how assets, debts, and other important aspects will be handled as you transition to living separate lives.
A separation agreement is a contract between two spouses or common-law partners upon the breakdown of the relationship, setting out each party’s rights and obligations.
The following issues can and should be addressed in a separation agreement:
When signing a separation agreement, advice from an experienced family lawyer is necessary.
An improperly drafted separation agreement can be rejected by a court for many reasons, including:
Templated separation agreements are not legally binding, and therefore, the oversight of a qualified lawyer is necessary. Separation agreements can be amended at any time, but again, it’s best to obtain professional legal advice before making any significant changes
A couple is generally considered separated when at least one spouse states that they wish to end the relationship and the spouses begin living separate and apart with no reasonable chance of reconciling. In some circumstances, spouses may be considered to live separate and apart while still residing in the same home.
Under Alberta’s Divorce Act, a divorce can only be granted if there has been a breakdown of the marriage. Most often, this breakdown is established once the couple has lived separate and apart for at least one year. Less commonly, a divorce may be granted in less than a year on the basis of adultery or cruelty.
Most divorces do not require a trial and are resolved by negotiation between the parties or another form of alternative dispute resolution, such as family mediation or arbitration. A court hearing, such as an application/motion or trial, may be required when a couple is unable to resolve an outstanding issue through less formal means.
Your path to legal clarity starts here. Let’s explore your legal options together.
Take control of your legal situation. Reach out to our team to begin the conversation, and we’ll help tailor a legal strategy that promises the best chance of success for your case.
