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Separation Agreement Guide in Alberta

Separation Agreement Guide in Alberta

A legal relationship between a man and a woman starts with marriage. And through the separation, it comes to an end by a separation agreement in Alberta. But it is not the final ending as both spouses need to be bounded in an agreement known as a separation agreement.

Therefore, in this article, you will get to know about the separation agreement Alberta. It is wise to discuss all these matters with a family lawyer to get the best solution. He will prepare a settlement mentioning the spousal maintenance, child custody and maintenance, division of assets and debts depending on the income, and others.

So, have some time to know more information about it in detail.

Separation Agreement: Definition

When a married couple decides to go for separation or divorce, the term separation agreement is used. Generally, it is a document written about the division of responsibilities and assets between the two spouses after they are divorced.

Moreover, it includes terms related to the division of child support, child custody, spousal support, parental responsibilities, property, debts, and other financial and family aspects.

This document needs to be submitted to the court before the separation procedure starts or during the final divorce judgment.

Separation Agreement in Alberta

As marriage is a common word among couples, separation is also becoming common nowadays. Before or during the marriage, nobody decides that they will get separated in the future. But when the situation becomes more difficult, such a decision is taken through mutual discussion. Divorce in Alberta is highly related to this term. I hope that you have to understand the relation between them.

Almost more than nine thousand people are getting separated in Alberta every year, which is the highest compared to Canada’s other cities. There are also some terms and conditions under which the couples will be eligible to apply for separation.

It is not necessary that a couple needs to be divorced to sketch the legal separation agreement. If a couple wants to live separately without getting a divorce, they can also go through the legal separation agreement.

If you need any kind of legal separation in Alberta, feel free to contact with us.

When are Separation Agreements Implemented?

Legal separation agreements are usually implemented in three main situations:

  • When a married couple decides to be separated but is not all set to be divorced or want to continue their marriage by living apart temporarily, they can go for a separation agreement. There the spouses can mention the time they have started living independently and all the duties that are to be performed after living separately.
  • When a married couple decides to be divorced and knows how they would distribute their properties, debts, assets, and responsibilities for the children, they can start a separation agreement. In this case, there is no necessity to go to court as the spouses have already decided mutually.
  • If a married couple wants to live apart and separate permanently but would like to continue their lawful relationship status, a separation agreement can be used.

How to get divorced in Alberta – it’s a common misconception. Keep in mind that the separation agreement and the divorce are not the same. Those are slightly different from each other.

How is The Finance Divided During Separation?

Naturally, when a husband or wife agrees to be separated, they also want to divide their marital belongings. There are assets, matrimonial home, property, debts, and other family and financial responsibilities among the belongings.

The court will consider the separation agreement when both parties agree to the document’s terms and conditions. So, it is essential to divide all properties and debts equally not to make any delay in the further procedure.

However, 2 leading financial matters must be discussed very carefully before the separation agreement is documented between the couple. They are:

  • Spousal Support
  • Child Support

Read more to know these in detail with proper explanation. By the way, for your information, If you’re interested in getting a divorce in Alberta, feel to contact us.

Spousal Support

Spousal support is also known as alimony and must be included in the agreement. It is generally the amount of money that is to be paid to the other spouse from one spouse to support in retaining a comfortable financial lifestyle. Below are some conditions upon which the amount and the length of the alimony will depend:

  • The duration of the marriage
  • The age and health condition of both spouses
  • The lifestyle of both spouses before separation
  • The contribution and sacrifices of both spouses during the marriage
  • The earning of each spouse
  • The future financial planning of each spouse

So, it would be beneficial for both parties to come to a settlement concerning the alimony amount and length as the same spousal support payment will be decided in the divorce judgment.

Alberta divorce laws are supported spousal support. If you’re interested to know the divorce process in Alberta, you may contact us. For your kind information, divorce law in Alberta is another kind of law. So please don’t take it silly.

Child Support

If the couple is blessed with a child or children, it is essential to secure their future by providing child support. From this amount, they can continue their study, buy all their necessary belongings, live a standard life, and many more. So, both the spouse should decide an amount and negotiate with each other.

Remember to keep it fair and reasonable for both parties, depending on their financial circumstances. After both the parents agree upon the child support amount, the payment amount and the payment date may be included in the separation agreement to avoid any awful situation. However, the court can also decide what is best for the child.

At this point, many people ask a question, can Alberta legally separate from Canada? Just keep reading this article. After completing the full article, you will get the proper solution of your Q/A.

How Can a Lawyer Help in This Regard

For the legal separation agreement issue, it is essential to contact an experienced Divorce Lawyer in Edmonton. A family lawyer is the one who deals with all matters related to marriage, separation, divorce, spousal support, child custody, child support, and many more. He can help you with the separation agreement template in Alberta or with divorce forms in Alberta.

To deal with the Alberta separation agreement form or any other help, you can communicate with us at Family Lawyer of Edmonton as we want our clients to have all the rights they deserve in their favor. We will also make sure that the document is strong enough so that no further problem is seen among the spouses.

In a nutshell, we will help to divide all the assets, debts, properties, spousal support, child support, and other financial matter evenly among the parties without any discrimination.

The Bottom Line

Separation is the last stage of a marriage. When both the partners cannot agree on most of the decisions they take, then separation is the only option they can both agree on. But it is not that much easy as all the responsibilities need to be divided among them equally.

Remember that Canadian separation agreement is just slightly different from this. So please don’t worry about this. For better understanding, feel free to contact with us.

So, from the above information, you have already known about the separation agreement Alberta. Sometimes one of the spouses may want to take less responsibility than the other, which is entirely unfair. In this case, from the very beginning contacting an experienced family lawyer would be the correct decision.

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