Separation Agreements Edmonton
Separation Agreements Lawyers
At Helm Family Law LLP, our family lawyers have experience negotiating, advising on, and drafting separation agreements – including straightforward agreements and complex agreements involving business interests.
Whether you have decided to separate, been presented with a separation agreement to review, or need independent legal advice before signing, our team is here to guide you. Schedule a consultation today to understand your rights, explore your options, and ensure your interests are protected.
What is a Separation Agreement?
A separation agreement is a legally enforceable contract between two people settling the parties’ rights and obligations upon the breakdown of a marriage or adult independent partnership, including parenting, child support, property division, and spousal or adult interdependent partner support.
A separation agreement is distinct from prenuptial agreements and cohabitation agreements which define rights to be accumulated during a relationship rather than settling the rights and obligations at the dissolution.
What is Included in a Separation Agreement?
What is included in a separation agreement depends on the parties’ circumstances, including, among other things, whether they have children or own property together.
Separation agreements will commonly include:
- Parenting: If the parties had children together, a separation agreement may include terms related to parenting, including parenting time and decision-making responsibility.
- Child Support: A separation agreement can be used to define the amount of child support that is being paid from one party to another on a both retroactive and ongoing basis.
- Property Division: If the parties accumulated property during their marriage or adult interdependent partnership, a separation agreement will typically address what asset and liability is being retained by each party.
- Spousal Support or Adult Interdependent Partner Support: A separation agreement can waive support payments or set out the amount of support payable from one partner to another, whether through monthly payments or lump sum.
- Sale of Property: If the parties owned property together, such as a house, separation agreements typically involve terms regarding the sale of the house including the listing price, timeline for sale, as well as what the sales proceeds will be used for.
It is strongly encouraged that you consult with a family lawyer experienced in preparing separation agreements to discuss what your separation agreement should cover to protect the interests of you and your family.
How Much Does a Separation Agreement Cost?
A separation agreement will typically cost between $2,000 to $3,000 in legal fees. In some circumstances involving complex agreements the cost may be higher.
To obtain an estimate as to the cost of your separation agreement it is best to schedule a consultation with a lawyer so that that they can better understand your circumstances, what your goals are, and how much time it will take to prepare your agreement for you.
How Long Does a Separation Agreement Take to Prepare?
How long it takes to prepare a separation agreement depends on the complexity of the agreement, whether there is financial disclosure that has to be exchanged and reviewed, whether there are terms that need to be negotiated, the responsiveness of both parties, and the lawyer’s schedule.
In ideal circumstances a separation agreement can take as little as two weeks to prepare, but often take longer if financial disclosure has to be reviewed and exchange or terms need to be negotiated.
Do I Need Independent Legal Advice For My Separation Agreement?
To make a separation agreement legally binding and to satisfy statutory requirements such as those under the Family Property Act independent legal advice is required.
If the separation agreement is being used to divide a pension or qualify to refinance a mortgage, both parties will generally require independent legal advice.
Need a Separation Agreement? Call us at 780-760-1388 today to schedule your no-obligation consultation with one of our family lawyers.
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Our Family Lawyers
The lawyers at Helm Family Law LLP have over 25 years of combined experience in providing professional, personalized, legal services. Read more about our family lawyers at the “Our Team” page.
Our lawyers represent those needing separation agreements in Edmonton, Red Deer, St. Albert, Sherwood Park, Spruce Grove, Stony Plain, Leduc, St. Paul, Grande Prairie, Peace River, and all of Northern Alberta.
Office Location
Address:
9452 51 Avenue, Building 3, Suite 202, Edmonton, AB T6E 5A6
Contact Information:
Phone: (780) 760-1388
Facsimile: (780) 760-1389