separation agreement

How is property divided in a divorce?

There is a presumption that all property accumulated during a marriage, whether in sole or joint names, is divisible on divorce.  However, as is so often the case, there are exceptions, including for property owned before marriage or received by gift or inheritance during the relationship. When property that is otherwise exempt from division is […]

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How does independent legal advice (“ILA”) work and what does it cost?

ILA is more than a lawyer witnessing your signature; it’s necessary to meet the legal requirements for a valid agreement when couples are separating, divorcing, or starting out. Your lawyer will review your agreement and your situation with you, ask how the agreement was negotiated, and review what financial information was exchanged. Your lawyer will […]

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My spouse and I have separated and are in agreement on how we will deal with our assets and cash flow. Should I go ahead and put an offer on a new home?

We often receive calls from people in a time crunch: they have separated, agreed on a resolution, and placed an offer on a new home – only to learn from their bank that a new mortgage is not possible until a formal separation agreement is in place. Even if you and your ex-spouse agree on […]

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Ask an Expert: My wife and I are separating and we have come to an agreement dividing all of our property. Why do we need to provide so much financial information to our lawyers to get a legal Separation Agreement drawn and signed?

Your lawyer and your wife’s lawyer must certify that they have given their clients, separate and apart from the other, independent legal advice. To do that properly, the lawyers must assess your financial situation thoroughly, much like a surgeon will not operate at your request without a complete examination prior to surgery. Like a surgeon, a lawyer can then […]

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Ask an Expert: What really are the differences between using the collaborative process rather than going to court?

There are a lot of reasons why so many people are choosing to resolve matters arising on separation outside of the court system. Some of the big ones include: 1. Confidentiality. Many personal and financial details can otherwise become part of the filed documents. 2. Creativity. Working together offers many more options regarding how to […]

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Ask an Expert: I’ve been separated for years. Why do I need my ex-spouse’s consent to sell the house I bought after our separation?

Dower rights give a non-owning spouse the right to live in the house following the owner’s death. Alberta law requires any landowner who is selling land in his or her own name to swear an affidavit setting out that: (a) he or she is not married; (b) an ex-spouse has released his or her dower […]

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Ask an Expert: My spouse and I have separated, and I have placed an offer on a new home. Do I need a separation agreement to get financing to make the purchase?

Yes. Your banker/lender will want to see a legally enforceable separation agreement so as to determine your financial obligations to your spouse or your spouse’s financial obligations to you. This may include child and spousal support payments. You will need to be patient as it may take some time for you and your spouse to […]

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Ask an Expert: I am recently separated. My spouse and I don’t want a nasty divorce. What can I do?

It’s important to think about the range of options available to you right off the bat. Most people are now aware that court does not have to be where to start. Mediation is an excellent option for those wanting facilitated communication. For those who want guidance around options for settlement and legal information as they […]

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Ask an Expert: Why can’t a lawyer help both my ex-spouse and me with our separation agreement?

Helping both parties places a lawyer in a conflict of interest. Each party has competing interests, even if the two are working together amicably. Lawyers are obligated to ensure that thorough advice is given independently of the other party, to discuss the alternatives and the risks associated with your agreement, and to assess whether one […]

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Ask an Expert: I’ve been separated for years. Why do I need my ex-spouse’s consent to sell the house I bought after our separation?

Legislation requires any landowner who is selling land in his or her own name to swear an affidavit setting out that: (a) he or she is not married; (b) an ex-spouse has released his or her dower rights; or (c) neither he or she, nor his or her spouse, ever lived in the property for […]

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