There is some public confusion regarding their legal rights when getting a separation agreement in Calgary

You can expect legal rights or entitlements to be the same as a divorce. However, how they can be applied often differs from one couple to another. Understanding these differences is key to navigating the right approach when separating from your partner. 

Learn Canada’s legal rights so you know what to expect from the process! 

What is a Separation Agreement?

According to the provincial government of Alberta,” a separation agreement is a contract between parties who are separating or divorcing.” In other words, a separation agreement isn’t limited to married couples but also includes common-law couples. 

Generally, when drafting a separation agreement, it will involve outlining each party’s entitlements on certain issues, which may include:

  • Parenting and guardianship of children;
  • Child/spousal support;
  • Division of property/assets;
  • Apportionment of any family debts.

Separation agreements are known for giving former couples the freedom to create their own solutions. However, for a separation agreement to be considered legally binding, it must be written with a witness to each party’s signature and a certificate of independent legal advice from each party’s lawyer. Verbal agreements simply won’t be sufficient. Each party must be informed of the law and the case law pertaining to the issues they seek to resolve.   

Creating a legally binding separation agreement can be difficult for couples to do themselves; that’s why it’s highly recommended to have family lawyers in Calgary create a separation agreement instead. As you can appreciate, without the aid of lawyers, things can be missed. Assumptions made about what is or is not included, words can be misinterpreted, and it can be costly to fight these matters in Court when they could easily have been avoided. 

Why Get a Separation Agreement?

If you’re separating from a partner, or have already done so, many assume that automatically means one is getting a divorce. That is not necessarily true or at least not right away. There are various reasons why people opt to create and sign a separation agreement first instead of filing for divorce right away. 

For couples with children, a separation agreement is more amicable than the divorce process – which can be a trying time for children and their parents. Seeking a separation agreement as a process is often quicker and less expensive than fighting each individual issue you have between you in Court. 

Furthermore, a separation agreement benefits married couples who wish to live their own lives without one another but can remain married. 

What Legal Rights Exist in Separation?

Before you can draft a separation agreement, you should be aware of when you can do so. You would need to demonstrate or acknowledge that you have been separated physically or, due to lack of resources, living your own life in the same house as your former partner.  

Even though you don’t need to go to court for a separation agreement, it’s still as legally binding as a Court Order. But to enforce it, it needs to be converted into a Court Order. All of the settlements made by the parties are meant to be upheld without variation except regarding children. Since their support and parenting arrangements can change if there’s a material change in circumstances, spousal support, in some cases, may also be capable of changing. So it’s wise to seek out legal advice on these topics.

Whether you conclude a separation agreement through mediation, with the assistance of lawyers, or perhaps both, you can have peace of mind that your issues have been resolved amicably and economically and set the conditions for the new future you are embarking on.

There is a brighter future ahead with McLean Legal Family Lawyers. As your dynamic, multi-service family law firm in Calgary, McLean Legal Family Lawyers can offer you personalized legal services tailored to your particular circumstances. We endeavour to resolve matters quickly and with minimal conflict, offering calm, professional, and realistic advice. Given our years of experience in family law, we can assist with your child support, spousal support, divorce, mediation, and separation agreements, as well as civil litigation issues, commercial/corporate services, and real estate transactions. With over 30 years of experience and success, we’re the Calgary family lawyers that offer you a brighter future. Book your free consultation by calling 587-353-2632.

Mediation’s clear appeal is that it is a non-confrontational process that doesn’t involve the Courts. Yet, those considering mediation in Calgary worry about engaging in it. This worry stems from fear and misunderstanding of its associated costs and not from a lack of faith in the benefits it can provide.  

Understanding the cost of mediation in Calgary is crucial to know whether it’s worth the price to pursue it. 

What Mediation Offers

What can you expect out of mediation? Firstly, mediation in Calgary is voluntary. Both parties must agree to participate – no one can be forced into it. Once agreed, both parties can expect help from an unbiased third party to help them resolve their dispute. 

Typically, all mediation processes are confidential, known legally as “without prejudice” communication. Anything said during mediation stays in the mediation. Nothing will be divulged to anyone other than the parties involved and the mediator (the neutral third party). The mediator starts the process by hearing from both parties, determining their positions and interests, and encouraging them to find compromising or creative solutions. 

This approach is meant to guide the two opposing parties to a solution they come up with instead of the mediator imposing one upon them, unlike arbitration.

The Price of Mediation

The price of mediation in Calgary can vary depending on the lawyer or other qualified mediator you hire. It’s prudent to make some calls and research thoroughly to compare rates and online reviews. This way, you can agree on a mediator with the experience and temperament to help you and budget for the process’s costs.   

Before you compare rates, however, it would be good to know the average range of costs. Generally, you can expect to pay around $300.00 to $500.00 per hour. Other expenses, like the mediator’s location, might impact the cost upwards or downwards. 

Why Choose Mediation?

At first glance, the cost of mediation in Calgary might seem pricey. An ordinary person who has never been involved with the legal system and has no past experience comparing it to others might deem it as such. However, when you stack it up against other ways of settling disputes, mediation is a rather quick and cost-effective option. 

For example, if you measured mediation against litigation. The financial costs, time to start to access mediation, and the time to participate are much less. Disputes are resolved more civilly. The outcomes should be a balance of both parties’ positions where everyone leaves with their dignity intact.

Suppose you hope to save on legal costs and obtain a reasonable settlement from family lawyers in Calgary. In that case, you can bet mediation is a viable option to consider to help you move forward in the direction you want to take your life. 

There is a brighter future ahead with McLean Legal Family Lawyers. As your dynamic, multi-service family law firm in Calgary, McLean Legal Family Lawyers can offer you personalized legal services tailored to your particular circumstances. We endeavour to resolve matters quickly and with minimal conflict, offering calm, professional, and realistic advice. Given our years of experience in family law, we can assist with your child support, spousal support, divorce, mediation, and separation agreements, as well as civil litigation issues, commercial/corporate services, and real estate transactions. With over 30 years of experience and success, we’re the Calgary family lawyers that offer you a brighter future. Book your free consultation by calling 587-353-2632.

When it comes to legal procedures, there are avenues that you can take to facilitate the resolution of disputes and obtain out-of-court settlements.

You can either choose between arbitration, mediation, or a combination of the two approaches. However, before proceeding on this course, you must understand the differences between the two before reaching out for either arbitration or mediation in Calgary.

See how you can find the best one for you!

How Mediation & Arbitration Differentiate

What is Arbitration?

Arbitration involves both parties agreeing to bring in a neutral person or even a panel to make a concrete decision for you. The process allows the neutral arbitrator(s) to weigh in on the facts presented by both parties, any case law, and, if applicable, from the parties’ lawyers prior to  rendering a decision. That decision will explain the reasoning behind it,  backed by any applicable case law. These decisions are binding, as if they were an Order or Judgement of the Court, and can be filed at the courthouse and enforced. Arbitration holds a lot of power; it can order specific actions to be taken by both parties, issue an injunction, determine child or spousal support, and make monetary awards amongst other relief.

Arbitration agreement and gavel on a desk.

What is Mediation?

Like arbitration, mediation involves using a neutral third party to help to resolve a dispute. However, that’s where their similarities end. Unlike arbitration, the goal behind mediation is to resolve conflicts by hearing out both parties and encouraging the parties themselves with creating compromising, creative solutions. The mediator isn’t the one to come up with the final decision to resolve the dispute. They act more as a guide to lead both parties to a solution that works best for them and their family. 

Which to Choose?

Arbitration or mediation are both brilliant choices for settling disputes. Neither one is better than the other, but one  of them can cater to your facts and your family better than the other. If you’re hoping for a more amicable, informal approach to settling your problems, then mediation would be in your best interest since it endeavours to satisfy both parties.  Settlement should aim for resolutions where neither party “wins” but each leaves with a resolution they can live with.

However, if you’re hoping to settle matters more formally, the arbitration will ensure a sound, a law-backed decision is made and enforced. Lastly and alternatively, it is possible to engage in both mediation and arbitration in Calgary;  with this alternative, if parties cannot be assisted in finding a solution themselves, arbitration kicks in to achieve a decision.   

There is a brighter future ahead with McLean Legal Family Lawyers. As your dynamic, multi-service family law firm in Calgary, McLean Legal Family Lawyers can offer you personalized legal services tailored to your particular circumstances. We endeavour to resolve matters quickly and with minimal conflict, offering calm, professional, and realistic advice. Given our years of experience in family law, we can assist with your child support, spousal support, divorce, mediation, and separation agreements, as well as civil litigation issues, commercial/corporate services, and real estate transactions. With over 30 years of experience and success, we’re the Calgary family lawyers that offer you a brighter future. Book your free consultation by calling 587-353-2632.

Coming to the realization that you want a divorce is not easy. Yet, coming to that conclusion is the first step to obtaining a divorce. 

How can you start the process? Divorce is already hard enough – there is no need to make it harder by becoming stressed out and not knowing where to begin. 

Before searching for any divorce lawyers in Calgary, review this blog for guidance in navigating the divorce process.

What to Do to Get a Divorce

Review Grounds for Divorce

You first need to understand the grounds for divorce in order to be permitted to obtain one. According to the Divorce Act in Canada, there are three grounds for divorce. 

Do any of these apply to you?

  • 1 Year of Separation
  • Adultery
  • Cruelty (mental, physical or both)
Unhappy married couple disputing in divorce lawyers office.

Organize Your Finances

Filing for divorce isn’t cheap. Court filing fees are typically around $260, nevermind the cost of a lawyer. You will need to be mindful of what an equitable distribution of marital assets and debts might look like; not what you, yourself, think is fair.  It is imperative that you have some funds set aside to pay for your divorce or apply for Legal Aid if you qualify. Since all divorces are different, there is no real set price on how much it would cost – however, a good lawyer can help you to manage expectations, recommend realistic steps and try to keep you within budget.

Gather Necessary Documents 

The circumstances of your marriage can influence what you may need to do when filing for divorce. One divorce case may require more documentation than another. Do you have children? If so, you will be required to take the Parenting After Separation course and possibly need additional forms to illustrate the proper child support calculations. For the most part, you will mainly need financial documentation of your income, and that of your spouse’s,which will include tax returns, notice of assessment, pay statements and other materials.. You can easily find any required forms online at the Court of Queen’s Bench of Alberta

Seek Legal Counsel 

Technically, you can file for divorce yourself, but few normally do. Representing yourself in an attempt to reduce legal costs usually isn’t worth it since you can risk shortchanging your case from your lack of familiarity with the law and the step-by-step process required. It’s best to reach out to a professional primarily practicing in divorce and family law. A lawyer from a good family law firm in Calgary can help guide you through the document production process properly and assist you in obtaining the most out of your divorce case. 

There is a brighter future ahead with McLean Legal Family Lawyers. As your dynamic, multi-service family law firm in Calgary, McLean Legal Family Lawyers can offer you personalized legal services tailored to your particular circumstances. We endeavour to resolve matters quickly and with minimal conflict, offering calm, professional, and realistic advice. Given our years of experience in family law, we can assist with your child support, spousal support, divorce, mediation, and separation agreements, as well as civil litigation issues, commercial/corporate services, and real estate transactions. With over 30 years of experience and success, we’re the Calgary family lawyers that offer you a brighter future. Book your free consultation by calling 587-353-2632.

Divorce cases have gained notoriety as a process that pits the separating parties against one another. In reality, that’s not always the case and doesn’t have to be. Not every couple filing for divorce comes in with bad blood and ill intent. Family lawyers are aware that most couples have one goal in mind: an easy, clean and amicable split. In these cases, family lawyers opt to use a Collaborative Family Law approach.

What is this?

Read on and see how Collaborative Family Law works.

Basics of Collaborative Family Law 

What is “Collaborative Family Law”?

Collaborative Family Law aims to reach a resolution through a negotiation process to reach an amicable settlement instead of going to court. In this process, both parties agree to work together with the assistance of a family lawyer to iron out their issues and take into account their respective interests. This approach is best for couples that wish to keep their divorce private since Collaborative Family Law is a confidential process.

What’s the Process?

As a collaborative process, both parties and their respective family lawyers will meet in a conference room to resolve matters together. All conversations during these meetings aren’t meant to leave that room, which is what we call “without prejudice”. None of what the parties say will be communicated to outsiders, including within any affidavits. The confidentiality requirement is agreed by both parties signing a formal Participation Agreement as well as their lawyers. 

The Participation Agreement ensures that everyone agrees to not bring their case to court or threaten to go to court to leverage a resolution. The meetings begin each session with an agenda, agreed by  the parties in advance, and each meeting restricts itself to those items. The structure of Collaborative Family Law requires that both parties and their lawyers all be present during these meetings. Prior to these meetings, each party full exchanges financial information so that all of the ‘cards’ are on the table and available for discussion.

How Collaborative Family Law Helps

What Are the Benefits?

There are reasons people opt for Collaborative Family Law when undertaking a divorce. With a negotiation process, it presents a non-antagonistic approach that makes for a smoother divorce emotionally and financially. What makes it beneficial?

Why Collaborative Family Law is a great approach:

  • Maintain good relations with your former spouse during and after separation;
  • Preserve healthy family relationships, especially with one’s children;
  • Reduce lawyer fees by not going to court to fight over every issue;
  • Have your interests heard and accounted for;
  • Ensure and equitable split between the two parties;
  • Less stress resulting from the divorce process

Divorce is never easy. Make divorce less complicated and painless for you and your family by considering Collaborative Family Law with McLean Legal. 

There is a brighter future ahead with McLean Legal Family Lawyers. As your dynamic, multi-service family law firm in Calgary, McLean Legal Family Lawyers can offer you personalized legal services tailored to your particular circumstances. We endeavour to resolve matters quickly and with minimal conflict, offering calm, professional, and realistic advice. Given our years of experience in family law, we can assist with your child support, spousal support, divorce, mediation, and separation agreements, as well as civil litigation issues, commercial/corporate services, and real estate transactions. With over 30 years of experience and success, we’re the Calgary family lawyers that offer you a brighter future. Book your free consultation by calling 587-353-2632.

Generally, lawyers have a reputation for being rather expensive to hire. Unfortunately, that applies to family lawyers as well. Every day, many low-income families and individuals in Calgary struggle to afford a family lawyer. It can be disheartening, if not devastating, for some to have to have potentially crucial family legal matters left unresolved. However, you do have options. Check out some courses of action you may consider using, so you can maintain your legal position and get your case moving forward  and obtain resolution.

What Avenues to Take

Legal Resources

There is an old saying about knowledge being powerful but we prefer to say that obtaining knowledge is empowering; this is especially so if you are considering representing yourself at Court.  Thankfully, there are a lot of legal resources you can find online including from what to expect within court proceedings to legal information that you can utilize to help advance your case. Family law information can be found from reputable sources like Law Central Alberta, which is a great resource in encompassing all facets of family legal issues. In addition, there is a readily available yet credible handbook on family law from the Canadian Judicial Council. These resources translate legal jargon into plain language that you can understand. 

Apply for Legal Aid

Not comfortable with representing yourself? That’s completely understandable. There is so much to understanding the law that it can be overwhelming to try to comprehend, much less apply it to a case you wish to bring to court. For those struggling to afford a family lawyer, reaching out to non-profit organizations like Legal Aid Alberta for representation and legal services is a potentially viable option. Many of their lawyers are familiar with different areas of the law, including family law.  If  you are eligible for Legal Aid Alberta, they can help provide you with a family lawyer to assist you.

If ineligible, another route would be to utilize the University of Calgary’s Student Legal Assistance. They can provide both free legal advice and representation from their law students. Another alternative would be Calgary Legal Guidance.

Reach Out for Legal Advice

Sometimes everyone needs a little bit of advice to nudge their case into gear. Many organizations can provide free legal advice, even on family law issues. If you require quick legal advice, there are toll-free numbers you can call for general legal information such as Dial-A-Law funded by the Alberta Law Foundation.

Even paying for one hour of a family lawyer’s time is invaluable to help you navigate your case and the legal system.

Finding an affordable family lawyer isn’t easy – we recognize that. That’s why at McLean Legal we  provide one-time free consults to help you get started. 

There is a brighter future ahead with McLean Legal Family Lawyers. As your dynamic, multi-service family law firm in Calgary, McLean Legal Family Lawyers can offer you personalized legal services tailored to your particular circumstances. We endeavour to resolve matters quickly and with minimal conflict, offering calm, professional, and realistic advice. Given our years of experience in family law, we can assist with your child support, spousal support, divorce, mediation, and separation agreements, as well as civil litigation issues, commercial/corporate services, and real estate transactions. With over 30 years of experience and success, we’re the Calgary family lawyers that offer you a brighter future. Book your free consultation by calling 587-353-2632.

Child support lawyers are a necessity in the critical turning points of children’s lives when their own parents can no longer agree what is in their best interests or what expenses should be properly incurred for their benefit. The good news is that family lawyers can assist with explaining the legal burdens of parental splits, especially when it comes to outlining the specifics of budgeting and cost-sharing to work towards minimizing the impact on the child’s standard of living.

 

No one wants to overpay for legal services, especially when a case may affect a parent’s annual budget for years – this requires professional advice. It’s so crucial to choose a barrister or solicitor with whom you can have a positive connection and whose experience you can trust—to make the legal costs you need to resolve worth it. So, let’s take another look at how much retaining a good family lawyer in Calgary might cost you and what you get from hiring quality legal services.

 

Understanding the Cost of a Child Support Lawyer Calgary

 

In Calgary, most child support lawyers charge an hourly rate that can go from an average of $250 to $650 per hour. Others may charge fixed prices for specific services deemed essential to completing a child support arrangement. Fees and retainers are usually discussed and agreed upon at your initial consultation with a lawyer you believe can give you proper advice.

 

If you and your lawyer decide to sign a retainer agreement at this point, then you would deposit a lump sum into your lawyer’s account (called a retainer), and then they can begin working. If it’s a set of fixed costs for essential services, you might get a cost breakdown and then pay for the services upfront or after they’re rendered. It all depends on what you and your lawyer agree upon in your initial consultation.

 

By its very nature, family law is complicated and unpredictable, and the time it takes to reach a settlement or resolution with your former spouse could be just as unexpected.

Child support arrangements resulting in only agreed contracts and consent Orders may be less expensive than those requiring several face-to-face meetings or family court filings. Naturally, the more time spent, the higher the cost if you’re on a retainer agreement with a family lawyer.

 

To get an agreement from two parents or a ruling from a family Court for child support arrangements, a lawyer’s work involves hard-to-quantify client benefits.  Think of it like this: when you pay money to buy a car, you purchase an object that you can immediately drive off of the lot.  When you hire a lawyer, you are paying money to try to obtain a favourable result.  That’s where experience counts, and where the lawyer you choose has the ability to interpret and apply the law and precedents from other cases similar to yours. That experience is why some lawyers charge more per hour than others.

 

Another factor necessitating the costs of a child custody lawyer is the very nature of the adversarial process. Your former spouse may likely have a lawyer going to bat for them, meaning you might not get an equitable result from the Court if you don’t have a similar degree of expertise working on your side.

 

What to Expect When Paying the Cost of a Child Support Lawyer

 

Document with the name child support agreement

When you start a retainer with a child custody lawyer, they will deduct amounts from your retainer as your file progresses. The amount deducted corresponds with the hours spent working on your file. Your lawyer will keep you informed every step of the way, seek your additional instructions as necessary, and provide you with a detailed billing of all work conducted typically on a monthly basis.

 

By leaning on carefully honed skills, knowledge, and wisdom, the work your lawyer undertakes considers all relevant information and applies the Federal Child Support guidelines with caselaw precedent to argue in your favour. If you’re going to compare the cost of a lawyer with doing it all yourself, you should factor in all the time it would take to learn the law to present a proper case to a Judge, complete all paperwork accurately and become comfortable with public speaking at Court.

 

In our opinion, that’s just not worth the cost of potential mistakes, frustration and distress, especially during such an emotionally draining and transitional life experience. At McLean Legal Family Lawyers, we are here to provide you with moral support and simplify the legal process for you—so life can get back on track for you and the children.

 

 

There is a brighter future ahead with McLean Legal Family Lawyers. As your dynamic, multi-service family law firm in Calgary, McLean Legal Family Lawyers can offer you personalized legal services tailored to your particular circumstances. We endeavour to resolve matters quickly and with minimal conflict, offering calm, professional, and realistic advice. Given our years of experience in family law, we can assist with your child support, spousal support, divorce, mediation, and separation agreements, as well as civil litigation issues, commercial/corporate services, and real estate transactions. With over 30 years of experience and success, we’re the Calgary family lawyers that offer you a brighter future. Book your free consultation by calling 587-353-2632.

Family lawyers in Calgary are available to provide assistance in a number of ways, including mediation and separation services. They can also assist families, couples and individuals who are navigating the legal system to understand and complete a process that is often quite intimidating to them. Below, we’ll look at these services in more detail and provide you with a better understanding of just what it is that family lawyers do.

 

Services Offered by Family Lawyers in Calgary

 

Mediation Services

 

Separating and conflicted couples can use the services of Calgary family lawyers for mediation. This cooperative process is facilitated by the lawyer and helps people move through the separation process together, dividing assets, making decisions that benefit the children and shaping a final result that, despite being one of compromise, ends up being mutually beneficial.

 

Divorce & Separation Services

 

Family lawyers in Calgary also provide divorce and separation services for their clients. Except in the case of a joint divorce, this is where a lawyer represents only one individual’s interests. This means the aim is to achieve their client’s goals and expectations rather than working towards everyone’s mutual benefit.

 

Court-related Services

 

Family lawyers are also responsible for the court-related duties of their clients. For instance, filing the necessary paperwork, communicating with clerks for filings and the scheduling of hearings, and litigation that may all be necessary to resolve each and every issue a client needs to resolve. These services are essential to divorce and separation.

 

Contact Our Family Lawyers Today

 

To learn more about the services offered by our family lawyers, or to receive a consultation, contact us today. We hope to assist you soon.

There is a brighter future ahead with McLean Legal Family Lawyers. As your dynamic, multi-service family law firm in Calgary, McLean Legal Family Lawyers can offer you personalized legal services tailored to your particular circumstances. We endeavour to resolve matters quickly and with minimal conflict, offering calm, professional, and realistic advice. Given our years of experience in family law, we can assist with your child support, spousal support, divorce, mediation and separation agreements, as well as civil litigation issues, commercial/corporate services, and real estate transactions. With over 30 years of experience and success, we’re the Calgary family lawyers that offer you a brighter future. Book your free consultation by calling 587-353-2632.

The cost of divorce lawyers in Calgary is important for you to know as a client or potential client. This information helps people considering a divorce, or currently going through one, to understand the value of a legal professional’s services. However, pinpointing an exact total amount for these services is difficult to ascretain due to various factors.

 

What Affects the Cost of Calgary Divorce Lawyers

 

Several factors affect the cost of divorce lawyers in Calgary. The lawyer you work with, their payment structure, the extent of litigation, the complexity of the divorce issues, reacting to steps taken by counsel for the ex-partner and other factors all play a part in determining the final cost of a lawyer. There are also expenses called “disbursements” such as filing fees, expert reports, and so on.

Below, we take a look at some of the most important factors to consider when considering the cost of a divorce lawyer’s services to help you better understand how price fluctuations can exist and also why many lawyers can still be affordable for people of all different economic circumstances.

 

The Lawyer You Work With

 

The lawyer you choose to work with will vary the price considerably. More experienced and established lawyers will charge more for their services than newer lawyers; it makes sense as they have been working in family law for much longer. Similarly, law firms that employ several lawyers and legal assistants may offer faster services but are also likely to charge more for their services as bigger firms have larger business overhead.

Still, at a basic level, the price of their services often comes down to the individual lawyer you are considering hiring. Some lawyers may take cases with Legal Aid for those of lesser means and at reduced Legal Aid hourly rates, some may be willing to lower their rates or work “pro bono” (i.e. free) to help someone in need and others may only accept cases at their usual hourly rate. Knowing what your needs are can help you decide on which legal professional is right for you.

 

The Lawyer’s Payment Structure

 

All lawyers will take a retainer fee as an up-front payment to be applied towards your legal work and enter into a retainer agreement which confirms the contract between both parties. On top of this reatiner fee, lawyers generallly charge for their services by the hour or portions of an hour, as applicable. At most, a good lawyer will never give you a quote on a divorce file for they will truly not know how much time and effort your particular matter may take to resolve; at most, they may give you a ballpark figure and reassess that as the work and the file progresses.
estimated.

A client should have ongoing conversations with their lawyer about the steps recommended to be taken and how it will help their case in order to make informed choices about legal fees to be incurred.

A few lawyers may work on a contingency basis, which means that they are only paid when the divorce is completed – however, know that this is extremely rare.

 

Whether or Not Litigation Is Involved

 

When a person’s separation proceeds to litigation with the filing of a divorce, it often means a lot more time, effort is required for the lawyers to resolve each issue, one after the other, at Court.

Therefore, unless circumstances demand otherwise, it is generally faster, easier and less expensive to avoid litigation. Many family lawyers also offer mediation or mediation/arbitration services, which help divorcing couples reach compromises amicably and avoid confrontation. These services also help ensure that any children involved receive the necessary care, attention and advocacy they need to transition.

 

Speak with a Qualified Divorce Lawyer Today!

 

To learn more about the costs of a divorce lawyer in Calgary, contact us today. We hope to assist you soon.

There is a brighter future ahead with McLean Legal Family Lawyers. As your dynamic, multi-service family law firm in Calgary, McLean Legal Family Lawyers can offer you personalized legal services tailored to your particular circumstances. We endeavour to resolve matters quickly and with minimal conflict, offering calm, professional, and realistic advice. Given our years of experience in family law, we can assist with your child support, spousal support, divorce, mediation and separation agreements, as well as civil litigation issues, commercial/corporate services, and real estate transactions. With over 30 years of experience and success, we’re the Calgary family lawyers that offer you a brighter future. Book your free consultation by calling 587-353-2632.

We understand how separating from your spouse/partner can be an incredibly stressful and emotionally draining situation to find oneself in. However, we also recognize that these circumstances can become that much more difficult when your spouse/partner chooses not to work towards a resolution, directly with you or through mediation, and refuses to consider signing a separation agreement. Unfortunately, this likely means the only course of action may be the litigation process.

 

By turning to our family law firm in Calgary, we can help you to navigate this process and assist you in reaching the outcome you are looking for. In the meantime, let us briefly explore what separation agreements are and how you can respond if your spouse/partner refuses to consider or sign one.

 

What Is A Separation Agreement?

 

A separation agreement is a contract between you and your spouse/partner that is legally enforceable following your separation or divorce. The goal of a separation agreement is to clearly settle all issues of support for children and/or spouses, parenting, and the division of property and debts while facilitating a smooth transition to your future and obtaining any applicable divorce judgment.

 

A detailed separation agreement should include the following:

 

  • Full financial disclosure of both parties;
  • Division of family property;
  • Allocation of family debts;
  • Conclude arrangements for spousal support, child support; decision-making authority for children, and parenting;
  • A roadmap for resolving future disputes such as mediation, mediation/arbitration, the litigation process, or a combination of any of these;
  • Any provisions to make amendments

 

It’s important to note that separation agreements are not legally required in Alberta. That being said, these contracts do have their advantages, as they save time and money, permit both spouses/partners to collaborate and dissolve their relationship together and in a dignified manner, establish clear boundaries and set the course for each party’s individual futures, and they facilitate the smooth conclusion of divorce proceedings.

separation agreement - calgary family lawyers

What Happens If Your Spouse Will Not Sign A Separation Agreement?

 

What happens if one spouse/partner desires a separation agreement and the other either doesn’t want to participate or stops participating after the process has commenced? Well, a spouse/partner may opt not to sign a separation agreement for a number of reasons, including an unwillingness to come to terms with the separation itself or even a fear for the future. For some, there is a feeling of financial security in attempting to hold on to a failed relationship with someone familiar rather than contemplating an unknown future alone. 

 

Regardless of the cause, it’s important to avoid pressuring your spouse/partner and force a signature as the Court may later rescind any agreement reached through coercion or undue influence.

 

Instead, it’s recommended that you reach out to a family lawyer because if you can’t reach an agreement together, it will be the Court that will dictate everyone’s future– and neither of you may be happy with the result. 

 

With the years of experience and in-depth knowledge of the divorce legal system in Alberta that your family lawyer has, the best course of action can be determined. Some of these may include filing an application in court if your spouse/partner continues to avoid or reject any contemplation of settlement. Often, it only takes one Court application to convey the seriousness of the matter to one’s spouse/partner to get that party to return to settlement discussions and, ultimately, to attain a separation agreement.

 

If a spouse/partner refuses to entertain or sign a separation agreement, it will not jeopardize your legal entitlements or the ability to obtain a future divorce; it simply means your resolution will take a bit more time and expense to achieve. Fortunately, with McLean Legal Family Lawyers, you will get there!

 

There is a brighter future ahead with McLean Legal Family Lawyers. As your dynamic, multi-service family law firm in Calgary, McLean Legal Family Lawyers can offer you personalized legal services tailored to your particular circumstances. We endeavour to resolve matters quickly and with minimal conflict, offering calm, professional, and realistic advice. Given our years of experience in family law, we can assist with your child support, spousal support, divorce, mediation and separation agreements, as well as civil litigation issues, commercial/corporate services, and real estate transactions. With over 30 years of experience and success, we’re the Calgary family lawyers that offer you a brighter future. Book your free consultation by calling 587-353-2632.