Frequently Asked Questions
How do you get legally separated in Alberta?
There is no official, legal process to get separated in Alberta. However, if you are married, you are typically required to be separated for a year before you can be granted a court order for
a divorce.
Do I need a separation if my common-law relationship has ended?
Unlike a divorce, separation is not a legal process in Canada. However, you might have certain rights and obligations once an adult interdependent relationship (common-law relationship) ends.
A separation agreement can help you and your partner outline the terms of your break up, including the division of assets, spousal support, and custody of children and can reduce the risk
of legal issues and conflicts.
Can I use our separation agreement to get a court order for a divorce?
Yes, if your separation agreement is legally binding, it can be used as the basis of a court order for a divorce. The best way to ensure that your separation agreement is legally binding is to
seek the advice of a divorce lawyer or a family lawyer.
What if my ex-partner or spouse violates the separation agreement?
If your separation agreement is legally binding, you have a number of options to enforce the separation agreement. Depending on the severity of the violation, you can go through mediation, seek
support from relevant government agencies, or go to court to fight for your rights. A family lawyer can help you develop the right strategy for enforcing the separation agreement.