Separation Agreement Calgary

Professional legal guidance through your separation process

When facing the challenging decision to separate, our dedicated Calgary lawyers offer the support you need to navigate this transition with confidence and clarity.

Schedule an Appointment

OUR SERVICES

Your Legal Partner in Achieving Comprehensive Separation Agreements

Few divorces are settled by a judge. In most cases, even when spouses intend to go to court, they ultimately resolve their issues through the negotiation of a comprehensive legal separation agreement. Once completed, this separation agreement can set the stage for an uncontested divorce because it is a legally binding document.

Kirk Montoute Dawson LLP’s Calgary separation agreement lawyers have comprehensive knowledge of all critical aspects of the divorce process, and we’re here to guide and support you through the separation agreement process. We are experienced negotiators who can provide flexible and innovative separation agreement options tailored to your needs and those of your family.

Schedule An Appointment

“Wanda is thorough and extremely knowledgeable. She is a creative thinker, solution orientated and proposes alternative approaches to achieve resolution. She is compassionate, caring and always listen’s. Ultimately, I trust Wanda and the advice I receive as she always has my best interests at heart. Separation is already difficult enough but knowing that I have Wanda’s help and support alleviates that stress. I am extremely grateful for everything Wanda has done for my son and I.”
~LC

SEPARATION AGREEMENTS

The Contents of a Separation Agreement

The Contents Of Separation Agreements

A final legal separation agreement will outline the terms and conditions of all major aspects of a divorce. Specifically, the separation agreement will cover:

Child custody and access arrangements
Child support, including provisions for special and extraordinary expenses
Spousal support, including payors or recipients of spousal support
Asset division, including household debts and liabilities

Once a legal separation agreement is signed, it can be turned into a court order to ensure its enforcement. In the years following a divorce, some aspects of the separation agreement, such as child custody, child support, access and spousal support, may be renegotiated. Our separation agreement lawyers will work with you to help you achieve a feasible separation agreement before divorce, and we can represent your needs and those of your children if reassessment is necessary.

Third-Party Mediation Guidance From Trained Facilitators

At Kirk Montoute Dawson LLP, we are also trained mediators. We can act impartially to assist both parties in accepting the terms of a separation agreement. Each party's independent legal counsel must review any final separation agreements and provide independent legal advice before they can be signed.

WHY WORK WITH US

Why Trust Kirk Montoute Dawson LLP as Your Separation Agreement Lawyer

A Legacy of Supporting Calgary Couples

Our separation agreement lawyers have decades of combined experience providing reliable legal advice and representation to couples in Calgary. We are dedicated to supporting our clients through the challenges of separation with clarity and compassion.

Knowledgeable Separation Agreement Lawyers

As experienced family lawyers, we understand the legal complexities of separation and provide informed, strategic guidance on all aspects of separation, including child custody, support, spousal support, and division of family property.

Guiding You With Care and Understanding

We understand the emotional challenges of separation and are committed to offering compassionate support at every stage, ensuring you feel informed and confident throughout the process.

Schedule An Appointment

RESOURCES

Legal Articles, News & Insights

Explore our extensive collection of resources and articles, carefully curated to provide valuable insights into separation and divorce matters. Whether you're seeking information or guidance, our resources are here to help. Browse below to find the answers and support you need.

Financial Disclosure Obligations During Separation

If you have separated from your spouse you are entitled to full financial disclosure documents to determine what support may be payable (either child support, spousal support or partner support) as well ...

Tell Us Your Story

If you have a separation-related matter to discuss and would like to consult with one of our separation agreement lawyers in Calgary, we're here to listen and provide the legal advice you need.

Call us toll-free at 877-563-5295. If you’re in Calgary, call 403-233-9300 or contact us online to book an appointment with a Calgary separation lawyer.

* indicate required information.

Frequently Asked Questions

Although it’s not a legal requirement to have a lawyer to create a separation agreement in Alberta, it is highly recommended. A separation agreement lawyer can ensure the agreement is legally binding, protects your rights, and addresses all critical issues such as child custody, child support, spousal support, and property division. Having legal representation also helps prevent future disputes and ensures the agreement complies with Alberta law.

The timeframe for finalizing a separation agreement depends on the complexity of the issues and the level of cooperation between both parties. Separation agreements where both parties are in full agreement can be completed within two to three months. More complex situations, involving detailed negotiations or contested issues, can take significantly longer. Working with a separation lawyer or mediator can help streamline the process and facilitate a more efficient resolution.

No, you don’t need to go to court to finalize a separation agreement. Most separation agreements are resolved through collaboration, negotiation, or mediation between the parties and their lawyers. Once both parties agree and sign the document, it becomes legally binding. However, you can choose to have some of the terms of the agreement incorporated into a court order to ensure its enforceability.

A separation agreement is generally enforceable in Alberta as long as it is in writing, signed by both parties, based on full financial disclosure, and made voluntarily with an understanding of each person’s legal rights, which is supported by independent legal advice. Courts will typically uphold these agreements, but they may intervene if there was pressure, unfairness, incomplete disclosure, or if the terms negatively affect the best interests of a child.

Yes, common-law partners in Alberta can have a separation agreement. It can outline how property will be divided, whether support payments will be made, and how parenting matters will be handled in the event of the relationship ending. As long as both partners provide full financial disclosure, sign the agreement voluntarily, and understand their legal rights, the agreement can be legally enforceable under Alberta’s Family Property Act and general family law principles.