Separation Agreement Common Law Alberta

When a relationship ends, it can be an emotional and stressful time for both parties involved. However, it is important to remember that there are legal processes in place to help guide this transition. In Alberta, Canada, one such legal process is separation agreements.

A separation agreement is a legal document that outlines the terms of separation between two parties who were previously in a relationship. This agreement can cover a variety of topics, including but not limited to:

– Division of property and assets

– Child custody and support

– Spousal support

– Access to shared items, such as vehicles or bank accounts

In Alberta, there are two types of separation agreements: those created under the Family Law Act and those created under common law. In this article, we will focus on separation agreements under common law in Alberta.

Common law relationships refer to relationships between two people who are not legally married but have lived together for a certain period of time. In Alberta, this is typically defined as living together for at least three years or having a child together.

Under common law, there is no automatic right to property division or spousal support. This means that if a common law relationship were to end, both parties would need to negotiate and come to an agreement on these matters themselves. This is where a separation agreement can be helpful.

In Alberta, common law separation agreements are legally binding and can be enforced through the court system. However, it is important to note that these agreements must meet certain criteria in order to be considered valid. For example, the agreement must be in writing and signed by both parties, and both parties must have received independent legal advice.

It is also important to consult with a lawyer when creating a separation agreement, as there may be legal complexities that you are not aware of. A lawyer can help ensure that the agreement is fair and takes into account all relevant factors, such as the length of the relationship, the contributions of each party, and the needs of any children involved.

In conclusion, separation agreements are an important legal process for those in common law relationships in Alberta. They can help ensure a fair and amicable separation, and can provide peace of mind during an otherwise stressful time. If you are considering a separation agreement, be sure to consult with a lawyer and ensure that the agreement meets all necessary criteria.