A Separation agreement is almost a common scenario among couples in Alberta nowadays. Before taking the final decision of divorce, couples mostly like to live separately for at least one year. After one year, if they feel that they can live together, they become closer like before.
But if it is not possible, they go for divorce. A Separation agreement contains certain rules and requirements to be made in Alberta. Here, we will try to provide a step-by-step guide for making a separation agreement in Alberta in the next sections.
What Is a Separation Agreement?
A Separation Agreement is a type of legal document, being in the written form. It deals with all relevant issues regarding the separation between two partners. Here, the partners are not referring to business partners or something else. Rather it refers to a relationship between a couple, mostly husband and wife.
When a couple decides to get divorced or separated from each other, they become agreed to some issues. For example, their rights over the children, over their property, as well as over each other after the separation. The separation agreement summarizes all those issues in a legal way which acts as a base for the divorce process later on.
The normal duration of a separation agreement is a minimum of one year. It includes the issues like-
- Rights and responsibilities over the children after separation
- Financial supports to the spouse
- Property division
- Financial funds and joint accounts
- Rights of a couple upon each other and so on.
Do I Need a Lawyer for a Separation Agreement in Alberta?
Legal procedures are always hazardous. They are always troublesome to handle because there are lots of legal loops that a normal person can hardly deal with them. It is better to hire a professional lawyer for any legal case.
If you are dealing with a separation agreement in Alberta, then the separation lawyers of Calgary are the best options. Separation agreement Calgary is very tactfully handled by the Calgary lawyers in Alberta.
When you have a professional lawyer by your side, you can become assured about your legal cases and issues in court. And, of course, your separation agreement is a basement for your future divorce process.
It gets more accurate and enriched being handled by an expert lawyer. All your obligations and rights your lawyer will handle smoothly while making the separation agreement between you and your spouse.
Can You do a Separation Agreement without a Lawyer?
Yes, you can do a separation agreement without a lawyer. You and your partner will just become agreed with the things written in the separation agreement by signing it up. You must need a witness while signing your separation agreement. Then you can just submit it to the court. No lawyer is needed in this process.
The fact is you may make your separation agreement made without a lawyer. But, it is a very wrong decision if you have the ability to afford a lawyer. No one can handle all the issues relevant to your separation agreement as smoothly as a lawyer does.
When you have a professional lawyer for your separation agreement, you do not need to worry further regarding the legal documents and procedures. Even if you and your spouse face any problems or dilemmas with any decisions to take, your lawyer can help you out.
Your children will also get the best opportunities to have both their parents after separation. This is why the issue should be handled by an expert.
There might be different situations, or you have any financial issues. Then, you can take the decision to make your separation agreement done without a lawyer. Otherwise, you and your partner must contact a lawyer experienced in this field for the best outcome.
How Much does a Separation Agreement Cost in Alberta?
In the case of a separation agreement, your cost in Alberta mostly depends on the different lawyers’ fees. The legal fees are fixed for several criteria, and you have to pay your lawyer’s fees in addition to those fees. These matters, in aggregate, make your separation agreement cost varied.
Generally, in Alberta, for an uncontested separation agreement, you have to pay the agreed fee of $795 if you do not have any children. In addition to this agreement fee, you also have to pay lawyer advice fees and signing fees in the separation agreement.
If you have children, no matter how many children you have, you have to pay $995 for the agreement fees with the additional fees for the lawyer and agreement signing. The children’s rights and responsibilities hold a crucial part of the separation agreement, which makes it a bit costlier.
Some other factors are also there, which affect the cost of a separation agreement in Alberta. For example, if you add a spousal support issue, you have to pay $200 in total.
You might need to cost almost $100 up to $1000 if you have complications with multiple issues like property division, inheritances, and many more. The more you have complex issues, the more costly your separation agreement will be.
What Happens if Spouse Refuses to Sign Separation Agreement in Alberta?
A Separation Agreement will only be granted when both you and your spouse do sign in. But your spouse might refuse to make your separation agreement signed up. Then you have to choose another option which is a divorce lawyer. You can follow the following instructions:
- You can send a legal notice through a lawyer to your spouse so that he or she can respond to the agreement.
- Give your partner some time to respond to the legal notice as well as the separation agreement.
- Let him or she be aware of all the issues that are included in the separation agreement.
- Finally, if your spouse still refuses to sign up for the separation agreement, you have to file an application against your partner in the court mentioning the refusal issue.
Finally, we conclude our discussion here. Perhaps, now you have a clear idea about the separation agreement in Alberta. Here, we have tried to provide you a step-by-step guideline. If you are going through the issues like this, you can follow the instructions without any doubt. The best suggestion for you is to hire a professional lawyer who can best assist you.