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In Alberta, the courts have stated that separating couples should have a lawyer give independent legal advice for the agreement to be binding. A lawyer can ensure that you see nothing missing and that everything is clear and fair for both parties involved.
There are some nominal other costs to divorce but, in general, consider the following average legal costs in Alberta: Uncontested divorce: approximately $1,740. Contested divorce: approximately $23,730. The separation agreement: approximately $2,500.
Do you need a lawyer for separation agreements? You do not have to take legal advice when putting a separation agreement in place but it's a good idea to do so. There are a number of reasons for seeking legal advice: It makes your separation agreement more likely to be upheld in court.
The agreement is not legal in Alberta until signed by two lawyers and unless it includes an Independent Legal Advice Certificate. You and your spouse should hire independent divorce lawyers even if you have agreed on the terms of your separation agreement.
No. You do not need a separation agreement in order to separate and divorce in Alberta. If you can prove that you have lived apart for at least 12 months, this will demonstrate that the marriage has broken down and act as grounds for divorce.