If you`re living in Alberta and planning to separate from your spouse, it`s important to protect your legal rights and interests. One way to do this is by creating a common law separation agreement.
A common law separation agreement is a legally binding document that outlines the terms of the separation, including the division of assets, spousal support, and child custody arrangements. While it`s possible to create a separation agreement without legal assistance, it`s highly recommended to consult with a family law lawyer to ensure that the agreement is fair and legally enforceable.
When creating a common law separation agreement in Alberta, it`s important to use the correct form. The Alberta government provides a form titled “Common Law Separation Agreement” on their website, which can be downloaded and filled out.
The form includes sections for identifying information, such as the names and addresses of both parties, as well as sections for outlining the terms of the separation agreement. These terms can include the division of assets and debts, spousal support, and child custody and access arrangements.
It`s important to note that while the form provides a template for a separation agreement, it`s essential to tailor the agreement to meet your unique needs and circumstances. For example, if you and your spouse have a complex financial situation or share business interests, you may need to include additional clauses in the agreement to ensure that your assets are divided fairly.
Once the common law separation agreement form has been filled out, it should be signed and dated by both parties. It`s recommended to have the agreement witnessed by a third party to ensure that it`s legally binding.
In summary, if you`re planning to separate from your spouse in Alberta, creating a common law separation agreement is a crucial step to protect your legal rights and interests. By using the correct form and seeking legal assistance if necessary, you can ensure that your separation agreement is fair, thorough, and legally enforceable.