As you might expect with such an important document, there are some complexities in separation agreements. The following information is intended to clarify some of your questions. The details of your separation agreement depend on the nature of your relationship, but usually include: for ILA, the family lawyer will make sure you understand what you`re signing. In addition, they will make sure that you were healthy and not drunk and that you were not forced to sign the agreement. The lawyer conducting the audit will also want to ensure that the financial disclosure has been made correctly. As soon as one of the spouses obtains the separation agreement from the other lawyer, it is important that they appoint their own family lawyer to enter into the agreement with them. This is called independent legal advice. A lawyer`s loyalty can only be to a client, not to both sides. If there is no cruelty or adultery in the relationship, this is the only reason to divorce. It is therefore essential to be able to prove the date of separation.
Your lawyer should at least check the agreement and confirm that you are aware of its contents, that it reflects your intentions and that you intend to comply with the conditions it contains. Finally, you would like to consult us on Facebook to be informed of changes in family law. In addition, you can also contact us via the live chat feature at the bottom right of the screen. Don`t leave it to chance, make sure your agreement is legally binding. Let it be done professionally by a high-level lawyer in Alberta. A separation agreement is a formal contract between both spouses. It must be professionally written and discuss financial assistance and ownership sharing. If the agreement is not properly established or if it is considered unfair to one of the spouses, it may be considered non-sluggish by a family court judge. Even if you`re not married, a separation agreement may be advisable if you and your partner have children, have common property, or have joint bank accounts – for the same reasons married couples need them.
All this can be done without distinction. Yes, you and your partner need to hire separate lawyers to make your agreement legally enforceable. A separation agreement is not required by law, but it may not be advisable to divorce without provisions for the most important issues, especially if you have children. Your lawyer can tell you what`s best in your situation. This can form the basis of a divorce decision and help you avoid the stress of a contradictory approach to separation. While a separation agreement is not prescribed by law, consider it as an aid to facilitate your divorce, make the process less stressful and perhaps less expensive. Technically, you don`t need lawyers until you conclude and file your separation agreement. It is important to note that a divorce agreement is the same as a separation agreement.
Filing for divorce, however, is something else. People who talk to our lawyers have often not yet heard of a separation agreement. Instead, they ask the lawyer to execute divorce cases. If you have assets, debts or children, Alberta`s courts and banks will want a written agreement. The bank will want to see that before approving something new. The Queen`s Bench Provincial Court will want to see the agreement before allowing the divorce. Therefore, the stages of divorce are frequent. Lawyers help with financial assistance, background information, separation agreement, and plans for parenthood after separation. . . .