Whether you are divorcing or just separating for your spouse, a Separation Agreement will help you and your ex navigate the ending of your relationship: where do the children live, who makes the major decisions for the children, who pays child support, whether spousal support is going to be paid (and if so, how much?), and how you divide your property. These are all big topics that need to be explored in depth. You want a Separation Agreement that is detailed and binding so that if something goes wrong, whether it is weeks, months, or years from now, you can point to the Agreement and know what to do next. That said, the Court always has the power to change Separation Agreements, especially as they relate to issues regarding the children where there is a “material change in circumstance” not initially considered when the Agreement was drafted.
For Separation Agreements dealing with property and spousal support to be considered legally binding in Alberta, both parties must obtain independent legal advice before signing. Let us help you! If you have already reached an Agreement in writing, we can give you the advice required to ensure that you understand the legal terms and any possible ramifications of the agreement.
Oakley Family Law can help you draft your Separation Agreement, working with you and with your ex, or their lawyer, to come to a fair and equitable settlement. How you will reach an Agreement will often depend on you and your ex, and how well you are able to communicate. There are a number of methods available to you to facilitate an Agreement, including negotiation and mediation. Let us guide you through the process and explain your options to you.
Contact us online or call us today at 587-943-1394 to book your consultation.
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