Divorce or separation does not have to be difficult for you, your spouse or partner. You can protect your interests and your family relationships while reducing litigation with a detailed family law agreement. At McLean Legal Family Lawyers, we offer support and solutions, drafting separation agreements, pre and post-nuptial agreements, as well as cohabitation agreements. We will represent your best interests when creating these legally enforceable contracts.
Prenuptial Agreements
Prenuptials agreements are legally enforceable contracts that determine how property, assets and debts will be divided should there be a subsequent divorce. They can also include the spouses’ roles, responsibilities, and intentions. It is considered a common practice in Alberta, and as a prenuptial lawyer in Calgary, we are happy you get started on yours.
Cohabitation Agreements
Similar to prenuptial agreements, cohabitation agreements state the roles and responsibilities of the partners, their intentions and what happens if and after the relationship ends, including the division of property and assets. The key difference is that it’s for couples that do not wish to marry. Settling your affairs in this manner can save a lot of legal fees and disbursements.
Separation Agreements
A contract that is legally enforceable after spouses or partners divorce or separate. While a separation agreement is not requested by law in Alberta, it can aid the divorce or separation in multiple ways, such as dividing property and assets, determining child custody, parenting and child and spousal support.
Other Agreements
A post-nuptial agreement is similar to cohabitation and prenuptial agreements, except that it is made after two parties marry or cohabitate. It addresses the same issues regarding division of assets, debts and property, and outlines child, spousal and partner support. It is a legally binding contract and can be changed if warranted.
A detailed separation agreement should include a division of property and debts, spousal support, child custody and a parenting plan, if applicable. Part of the process involves exchanging supporting documentation, such as financial statements and a list of what you believe to be the assets and debts. We can represent your best interests with a separation agreement in Calgary.
Any current or jointly owned properties, investments and assets, what occurs with any future property, parenting and child or spousal support are major factors to include in a prenuptial agreement. Our lawyers can guide you with information on what to include in your prenuptial agreement based on your situation.
Going through a divorce or separation does not have to be an adversarial proceeding nor does the protection of your future assets. You can start the process by speaking to our lawyers. We can assist with drafting family agreements and starting mediation to resolve disputes.
Couples that draft and sign a separation agreement covering key issues can initiate a smoother divorce process, as everything is already agreed upom. Family law agreements are enforceable and will be recognized by the Courts.
If you and your spouse or partner want greater certainty and predictability regarding your property and assets during cohabitation or if you divorce or separate, then these agreements are extremely valuable.
The costs of the agreements vary from person to person. It is determined by the length of the document, the complexity of assets & debts, and the number of revisions necessary before a final document is reached. Our lawyers can provide you with more information at our consultation.
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