Kitchen-Table Separation Agreements in Alberta: Formalities and Questions to Discuss
A kitchen-table agreement is one the couple prepares themselves. For an agreement about property, Alberta's Family Property Act describes a written agreement and separate written acknowledgements.
What the Province Says About Writing Your Own Agreement
The Government of Alberta describes a separation agreement as a contract between parties who are separating or divorcing.
It sets out what one usually deals with: where your children will live and what time periods they will spend with the other parent, how much child support will be paid, how much spousal support will be paid, and how property is divided.
On writing one without help, the province is direct. It is possible for you and your former spouse or partner to write an agreement yourselves, but it is recommended that you speak to a lawyer.
What the Family Property Act Requires of an Agreement About Property
Alberta's Family Property Act (Alberta) deals with agreements between spouses or adult interdependent partners about property. An agreement of that kind is written.
Each party acknowledges three things in writing, apart from the other party:
The first is that the party is aware of the nature and the effect of the agreement.
The second is that the party is aware of the possible future claims to property the party may have under the Act, and that the party intends to give up these claims to the extent necessary to give effect to the agreement.
The third is that the party is executing the agreement freely and voluntarily, without any compulsion on the part of the other party.
The Act also says where that acknowledgement is made. It is made before a lawyer other than the lawyer acting for the other party, or other than the lawyer before whom the other party made their own acknowledgement.
A separation agreement records terms when a couple separates.
separation agreements›Separate written acknowledgements are one topic to discuss when obtaining independent legal advice.
independent legal advice for family agreements›The cost of drafting or reviewing a prenuptial agreement is a separate question from these formal requirements.
prenuptial agreement cost›The Disclosure a Later Court Application Requires
If a family property matter later goes to court in Calgary, the province's Family Justice Strategy attaches a disclosure requirement to the application itself.
Financial disclosure is mandatory for all parties filing an application for child support, spousal support, adult interdependent partner support and family property division, and it takes the form of a Financial Disclosure Statement with its supporting documents.
That requirement belongs to the step of asking a court to decide something.
The Questions Worth Putting to a Lawyer Before You Sign Anything
These are the questions a Calgary family lawyer is there to answer about an agreement the two of you wrote.
- 1
Does a duty of financial disclosure attach when we negotiate this agreement?
- 2
What happens if one of us did not disclose everything?
- 3
Do we have to sign it, and in front of whom?
- 4
If we do everything the Act requires, can the agreement still be challenged?
- 5
What difference does meeting - or missing - the Act's requirements actually make?
- 6
Do the leading cases apply to our kind of agreement?
Each of those turns on how the law applies to your own agreement and your own circumstances.
Talk to a Calgary Family Lawyer About the Agreement You Have Written
A family lawyer advises on what Alberta law would otherwise provide about your property, explains how a provision applies to your situation, and reviews or drafts the terms you have in mind.
Contact THEBIL Law to discuss your agreement and the questions you want to address. You can submit a consultation request at any time, and the office will be in touch to arrange a meeting.
THEBIL Law, 5920 Macleod Trl SW Ste 720, Calgary, AB T2H 0K1, Canada. Call 403-457-3128.