Fast Facts on Separation Agreements
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#1: A separation agreement is a contract between two spouses. It's a good option when there is little or no conflict between the spouses and there is general agreement on the big issues, such as child custody, parenting and access.
#2: Get legal advice from an experienced Family Law lawyer before signing a Separation Agreement. This is vital because an improperly drafted Separation Agreement may be rejected by the Courts because:
- It is not in the best interest of your children
- The terms are unfair for one spouse
- The assets and liabilities of a spouse were not disclosed
- It wasn't signed with a lawyer
#3: Don't rely on a template separation agreement. There is too much at stake and the consequences of a single error or omission can be severe. Moreover, most template Separation Agreements are not even legally binding.
#4: You can amend or end a Separation Agreement at any time. But once again, it's best to get legal advice before you make any significant changes.
#5: Living apart does not necessarily mean that the partners are living in different locations. For economic reasons, some partners may choose to stay in the same home, but live separately within that location.
#6: You can separate from your spouse at any time. There are no legal obligations. You don't need a Separation Agreement or Court Order. However, if your intent is to get divorced, you must wait a minimum of 12 months.
You have questions about Alberta law. We have answers.
Q: When is the right time to hire a lawyer?
A: Going the do-it-yourself route often costs you more than hiring a professional. For example, hiring a professional mechanic could cost you $25 per hour; doing the same repair yourself could cost you $50 per hour. The same rule applies when it comes to your lawyer. The only difference is that the cost delta could be bigger. Much bigger.
