As more and more couples in Alberta choose to live together without getting married, it is important to understand the legal implications of this type of relationship. One of the most important considerations when it comes to a common-law relationship is the separation process, and specifically, the need for a separation agreement.
What is a separation agreement?
A separation agreement is a legal document that outlines the terms of a separation between two parties. In the case of a common-law relationship, this agreement can help to establish clear boundaries and expectations when it comes to things like property division, spousal support, and child custody.
Why is a separation agreement necessary for common-law couples?
Unlike married couples, common-law partners do not have the same legal protections and rights when it comes to property division and spousal support. Without a separation agreement, these issues can become contentious and difficult to resolve.
With a separation agreement in place, both parties can feel confident that their rights are protected and that they have a clear understanding of what will happen in the event of a separation.
What should be included in a separation agreement?
A separation agreement for common-law couples in Alberta should include a number of key provisions, including:
— Division of property: This section should outline how the couple`s assets and debts will be divided in the event of a separation. This can include everything from bank accounts and investments to real estate and personal belongings.
— Spousal support: If one partner is financially dependent on the other, a separation agreement can establish how much support will be paid and for how long.
— Child custody and support: If the couple has children together, the agreement should outline how custody will be shared and how child support will be calculated.
— Dispute resolution: Finally, the agreement should include a section on dispute resolution. This can outline how the couple will handle any disagreements or disputes that arise in the future.
Overall, a separation agreement is an important tool for common-law couples in Alberta who are looking to protect their rights and establish clear expectations in the event of a separation. By working with a qualified attorney experienced in family law, couples can ensure that their agreement is legally sound and provides the protection they need.