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A Separation Agreement is a contract that parties enter into at end of their relationship.
The Separation Agreement is also referred to by the following names:
The purpose of the separation agreement is to record any agreements reached between divorcing (or separating) spouses as to parenting (as known as child custody arrangement), child support, spousal support (also referred to as alimony or maintenance), and division of property and debts.
Separation agreement can be an effective and inexpensive way of settling the above matters. However, the legal requirements of the separation agreement must be met. Such as, the Separation Agreement must be in writing and signed by both parties and is witnessed. Most importantly if the divorce agreement deals with division of property then each spouse must obtain a Certificate of Independent Legal Advice if you would like the agreement to be enforceable in Alberta.
Contact our family lawyers to ensure that the terms of the agreement are fair and provides you with adequate financial resources.
Legal separation is most commonly used to refer to the contract that is formed between two spouses at the time of their separation.
Legal separation isn't legally a termination of marriage. As a result, when a period of legal separation ends, you're still married to your partner. Legal separation can be a good option if a couple isn't sure they want a divorce or choose not to divorce for financial or religious reasons. Both legal separation and divorce still include court orders for child and spousal support, child parenting and access, property division and other issues.
No! You do not need to get divorce to receive child support or spousal support. As long you and your spouse are separated, then you can make an application for child support.
(a) recognize any economic advantages or disadvantages to the spouses arising from the marriage or its breakdown;
(b) apportion between the spouses any financial consequences arising from the care of any child of the marriage over and above any obligation for the support of any child of the marriage;
(c) relieve any economic hardship of the spouses arising from the breakdown of the marriage;
(d) in so far as practicable, promote the economic self-sufficiency of each spouse within a reasonable period of time.
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