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Separation Agreement Alberta

Reach An Agreement

Separation Agreement

One of the most common reasons that people in Alberta reaches out to a family law firm is to have a separation agreement created. Separation agreements can conclude a common-law relationship or a marriage. A domestic contract is useful because it is a way to get closure or to bring a family law dispute to a hopeful end. Separation agreements can be challenged years later if they are not properly created.

Calgary initial consultation office: 909 17 Ave SW 4th Floor, Calgary, Alberta

Edmonton consultation office: 10180 101 St NW Suite 3400, Edmonton, AB

It is important to pick an Alberta family law firm that is right for you.  Search for lawyers that are not desperate for work or charge a reduced rate for a one-hour consultation. If a lawyer is desperate for work, there may be a good reason why.

ClearWay Law has top lawyers in Alberta. They can help you with your uncontested divorce, separation agreement, or division of property. The affordable lawyers are based in Edmonton and Alberta. However, they can help you regardless of where you are in Alberta.

The lawyers help with financial support, general information, separation agreement, and plans for parenting after separation.

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Legally Separated

Our top Alberta lawyers offer very low rates for separation agreements. Reach out to us via live chat for a quote. You can also reach out to us by filling out the form on this page. Let us know if you are looking for an affordable lawyer or the best lawyer.

If you are in a common-law relationship that might end soon, you should speak with a family lawyer. This will be to see if a separation agreement makes sense. Also, you can find out if you should create another agreement instead.

You are still able to seek a division of assets and spousal support as common law. Anyone can seek child support payments regardless of marriage or common-law status.

It is better if the couple can negotiate privately on some of the terms. The lawyer can then draft the agreement. This approach saves a lot of money on legal fees. Many lawyers charge a flat fee for drafting the agreement, but their hourly rate for negotiations. You can expect to pay a lawyer around $250-550 per hour for negotiating. In some cities, senior lawyers even charge up to $1000 per hour!

However, you should book a free initial consultation with a lawyer right away. You need to know what terms you should be talking about. Common terms are about the matrimonial property, child support, and financial support.

Separation Agreement Alberta | How Does It Work?

Many people contact us looking for separation agreements in Calgary and Edmonton. It doesn’t matter where you are in Alberta, our lawyers can help you. We have family lawyers in both provinces. If you are in Calgary or a town with 500 people, our affordable lawyers can still help you.

The lawyers use the phone, email, and video chat software to communicate with our clients. The fact that our lawyers mostly work from home saves them money on rent. Since they save money on rent, they can offer lower prices for family law agreements. It’s as simple as that. Of course, they can also meet you in person if needed.

People who speak to our lawyers often haven’t heard of a separation agreement. Instead, they ask the lawyer to do the divorce paperwork. If you have assets, debts, or children the Alberta courts and banks will want to see a written agreement in place. The bank will want to see that before approving anything new. The provincial court of Queen’s Bench will want to see the agreement before approving the divorce. Therefore, the steps to divorce are often.

  1. Get a separation agreement created
  2. File for divorce at Queen’s Bench court

Separated Couples

The fees and waiting time will depend on which city you live in. Many courts offer lower court fees with the e-filing of divorces.

Our family lawyers can assist with the following:

  • uncontested divorce
  • dealing with matrimonial property
  • family violence
  • child support
  • division of property
  • custody access
  • legal advice
  • going to provincial court
  • going to the court of queen’s bench
  • spousal support
  • parenting after separation
  • family law legal guidance

Separation Agreement In Alberta

Family law can be expensive. It’s even more expensive if you do it yourself and make a mistake.

A separation agreement is a formal contract between the two spouses. It must be professionally drafted and discuss financial support and the division of property. If the agreement is not created properly or if it is deemed unfair to one of the spouses, it may be deemed void by a family judge.

If it is not fair to children it is almost certain that it will not be upheld. It is also important that both parties understand the contract and enter it willingly.

Once one of the spouses receives the separation agreement from the other lawyer, it is important that they get their own family lawyer to go over the agreement with them. This is called independent legal advice. A lawyer’s loyalty can only be to one client, not to both sides.

It is important to note that a divorce agreement is the same thing as a separation agreement. However, filing for divorce is something different.

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Learning More About Separation And Divorce

What happens when you hire a lawyer is that demand or friendly letter is sent to your spouse. Further, it often says that you want to create an agreement. It will make it clear that you want to come to mutual terms. The agreement will also make it clear that going to family law court is very expensive, stressful, and time-consuming. Often the issues between the parties will be made clear, and suggestions for how to move forward will be suggested.

The success of the agreement will depend on how many issues there are. Further, it will depend on if the suggestions take into account the other spouse’s feelings and the best interests of the child. Things get more intense when the other spouse doesn’t respond to the letter. In that case, the Alberta family lawyer needs to “turn up the heat.”

Alberta Separation Agreement | Province Of Alberta

After a few attempts of reaching the other person, the lawyer might have to file a motion or an application in chambers. If the other party gets served and doesn’t show up, the judge or master might give you what you want on the spot. If the other side shows up self-represented, your lawyer might still win the case. Further, the judge will set the rules going forward and might require a response from the other party by a certain date.

The rules will be the same regardless of where you are in the province of Alberta. We have family lawyers in Calgary and Edmonton. Some cities like Calgary might be easier to get a date in chambers for applications. If you live in a more remote area, and your hearing is in the Queen’s Bench court, you might have to wait a week or two to be heard by a judge.

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File For A Divorce

File For A Divorce | Separation Agreement Alberta

Very often someone might ignore a letter, but once they receive a court date, they start to panic. They might take things much more seriously and decide to negotiate. A good family lawyer starts small and turns up the heat. That means you end up paying the least amount of legal fees possible to get the results you need.

Both sides have to have their own lawyers. If one side created the agreement, the other side will need to get ILA.

Under no situation should one lawyer represent or work with both parties. It’s against law society rules. If a lawyer was representing you and your spouse, you should report them to the law society.

For ILA, the family lawyer will make sure you understood what you are signing. Further, they will make sure you were sound of mind, not drunk, and you were not forced to sign the agreement. The lawyer doing the check will also want to make sure that financial disclosure was done correctly.

Also, keep in mind that if the lawyer doesn’t think their client was treated right, they might not sign the ILA. Further, many people don’t know that lawyers can refuse to do so. The lawyer is liable for the legal advice they give. Therefore, they will only sign things if it’s right.

Toronto separation agreement

In conclusion, like us on Facebook to stay up to date with changes in family law. Further, you can also reach out to us via the live chat function in the bottom right of the screen. Don’t leave it to chance, make sure your agreement is legally binding. Get it professionally done by a top lawyer in Alberta.