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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.
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.
The agreement is not legally binding and has no power to determine any issues that may be in dispute, but courts will take it into strong consideration when making a ruling. A separation agreement can be used as proof of the exact date on which you split from your partner.