If you’re going through a divorce in Alberta, your separation agreement will play a major role in how your immediate future pans out.
That means it’s essential to achieve the best possible terms with regards to child custody (if applicable), support, and property division.
A little planning goes a long way – like with most of the important issues in life. So how do you best prepare for a separation agreement?
The following steps should position you for an agreement that helps you move on with your life without unnecessary delays, hardship, or stress…
Nobody wants to divorce unless it’s absolutely necessary. You must be convinced that your marriage is irretrievably broken or you should not even be considering divorce – especially if there are children in the relationship.
If there is any uncertainty, this is no time to be working on a separation agreement. It is time to attend marriage counseling. Only after have you and/or your partner have ruled out a reconciliation should you seriously start preparing for separation.
One of the first steps to take after you decide to divorce is to talk to a divorce lawyer. There is no legal requirement to hire a lawyer to file for divorce but the stakes are high and, at this stressful time, it can be of great assistance to be able to turn to a professional with your best interests at heart.
Potential issues are many, relating to child custody and parenting, spousal support, child support, and property and debt division.
In many cases, the matrimonial home is the single most valuable investment in a marriage. Moving out of it may be unwise in terms of your negotiating position with your spouse.
A general rule is to at least have an interim parenting arrangement in place before moving out of the home.
It can be difficult to change a parenting schedule once a status quo exists. The Alberta courts like to see children have set routines that they are used to – and changes may be discouraged unless they can be shown to be in the child’s best interests.
It is worth remembering that the best interests of the children are always the priority of the court – and the same should apply in any parenting agreement between you and your spouse.
Buying or selling a property during a separation can be problematic for a parent’s position regarding parenting and/or ongoing support obligations.
Generally, it is best avoided until you have a separation agreement in place.
Once that is done, meet with a financial or mortgage advisor. You may need to decide whether or not you can afford to remain in the matrimonial home or sell up and downsize, for instance. Take the proper financial advice before making any major decisions.
Whether or not you have a joint bank account, it’s important to make sure that you and your partner are transparent about your finances as you prepare for your separation agreement.
If your partner is secretly removing funds from a joint bank account, you need to know about it. If credit card bills are mounting up or other lines of credit that you are at least partly responsible for paying are being used, you also need to be aware.
Monitor finances carefully after you separate and make sure that you can account for where the money is going.
There are many considerations when preparing for a separation agreement in Alberta and it generally helps to have the experience and guidance of a lawyer to turn to. Schedule a free initial consultation with a Spectrum Family Law lawyer in Alberta.
We currently have three offices across Alberta — Edmonton, Calgary, and Red Deer. We serve the entire province of Alberta (and BC). We also have the infrastructure to work with any of our clients virtually — even the furthest regions of Alberta.
Call 1 (855) 892-0646 (toll free) to get routed to the best office for you or contact us online for general inquiries.
We also have a dedicated intake form to help you get the ball rolling. Our intake team will review your specific case and advise you on the next steps to take as well as what to expect moving forward. That’s the best way to schedule an appointment
Our offices are generally open 8:30 a.m.—4:30 p.m., Mon—Fri.
