If you plan on separating from your common-law partner or spouse in Alberta, you need a separation agreement to determine your right and liabilities upon separation. Ideally, a separation agreement should be negotiated before your separation date, but we understand that this is not always the case. We can draft and negotiate a separation agreement after you have separated but the sooner you call us, the better we can protect your legal interests. Once a separation agreement is signed by both parties, it becomes legally binding and enforceable. Our lawyers will handle the difficulty of filing the separation agreement with the court and will ensure all processes are properly filed.
The Divorce Act in Canada is federal and obtaining a divorce order is generally the same process here in Alberta as it is in each of the other provinces (other than Quebec). The first and most cumbersome step to getting a divorce is negotiating a separation agreement between the two spouses. After a separation agreement is signed by both parties, obtaining a divorce is very simple. The documents required to be filed are completed within a matter of hours and can be filed with the court thereafter. The courts throughout Alberta generally issue a divorce order within a month after the documents are filed with the court. If the two parties do not want to follow the signing of their separation agreement by seeking a divorce, they do not need to. However, a separation agreement remains important even if you do not want a divorce as it ensures that the rights and liabilities of each party are protected.
In Alberta, the breakdown of a common law relationship has many of the same implications as the breakdown of a marriage. For this reason, having a separation agreement negotiated after breaking a common law relationship is just as important. Common law relationships, also known as de facto relationships, involve couples who live together and present themselves as a couple without being legally married. The criteria for recognizing common-law relationships can vary by jurisdiction but often include factors such as the duration of the relationship, shared finances, and the presence of children.
We look forward to hearing from you and learning more about your business or personal ambitions. Don't hesitate to reach out to us today and take the first step towards a brighter future!
We look forward to hearing from you and learning more about your business or personal ambitions. Don't hesitate to reach out to us today and take the first step towards a brighter future!
©2024 –Lawyer. All Rights Reserved.
Crafted with 
by Social More