The end of a marriage or an adult interdependent relationship can be an emotionally exhausting experience. You may be coping with grief, anger or uncertainty while also trying to make practical decisions about children, finances and the family home. According to MentalHealth.com, separation ranks among the most stressful life events, often triggering “a complex mix of emotions such as sadness, relief, anxiety and confusion that can affect sleep, appetite and concentration.”
At such a difficult time, clarity is essential. A separation agreement can provide that clarity. It defines how you and your former partner will move forward — financially, legally and as co-parents — once you’ve decided to live apart.
What Is a Separation Agreement?
A separation agreement is a written contract between partners who have chosen to separate but are not yet divorced. It sets out each person’s rights and obligations on key issues such as:
- Division of property and debts
- Spousal support
- Parenting time and decision-making responsibilities
- Child support
- Possession or sale of the matrimonial home
In Alberta, properly drafted and signed separation agreements are legally binding. They can prevent future disputes, reduce stress, and provide a framework for a respectful separation.
The Law in Alberta
Two main statutes govern separation in this province:
- The Family Property Act (formerly the Matrimonial Property Act) sets out how property and debts are divided when married or adult interdependent partners separate. It applies even if you were never married but lived together in a relationship of interdependence.
- The Divorce Act (federal) applies if you are married and seeking a divorce. It addresses issues such as parenting, decision-making, and child and spousal support.
While you can separate without filing any paperwork, Alberta courts expect separating couples to resolve as many matters as possible outside litigation. A comprehensive separation agreement helps satisfy that expectation and demonstrates good faith should a dispute reach court.
Legal Requirements for a Valid Agreement
For your agreement to be enforceable, certain conditions must be met:
- Independent Legal Advice (ILA) – Each party should have the opportunity to consult their own lawyer. This ensures the agreement was understood and signed voluntarily.
- Full Financial Disclosure – Both sides must exchange accurate details of assets, debts, income and expenses. Concealing information can invalidate the document.
- Voluntary Consent – No one should be pressured, misled, or coerced.
- Proper Execution – The agreement should be signed and witnessed, usually before a lawyer or commissioner for oaths.
Without these elements, a court may later refuse to uphold the agreement.
What Should a Separation Agreement Include?
Although every relationship is different, most separation agreements in Alberta cover:
Property and Debt Division
Who retains ownership of the home, vehicles, savings, pensions, and other assets, as well as responsibility for credit cards, loans and mortgages.
Spousal Support
Whether one partner will provide support, how much, and for how long. The Spousal Support Advisory Guidelines (Justice Canada) provide reference ranges but are not mandatory.
Parenting Arrangements
Where the children will live, how major decisions will be made, and how parenting time will be shared. Alberta’s Family Law Act and the Divorce Act both focus on the best interests of the child.
Child Support
Amounts are based on the Federal Child Support Guidelines, considering each parent’s income and parenting time.
Future Dispute Resolution
Many agreements specify mediation or arbitration if disagreements arise later, aligning with Alberta’s push for Alternative Dispute Resolution (ADR) before litigation.
Benefits of Having a Separation Agreement
- Clarity and predictability: You both know your rights and obligations.
- Reduced conflict: Clearly defined terms help avoid arguments about money or parenting.
- Cost savings: Resolving issues early can make a later divorce faster and less expensive.
- Legal protection: A signed, witnessed agreement is enforceable if one party fails to comply.
- Support for children: Provides structure and reduces uncertainty for the entire family.
According to Alberta Justice’s Family Justice Strategy, resolving family issues outside court “can reduce stress on children and families and help Albertans resolve family law issues faster.”
Can You Draft One Yourself?
Technically yes — but it’s risky. Online templates rarely address Alberta’s specific laws or your personal circumstances. A poorly drafted agreement may not hold up in court or could leave you vulnerable to future claims.
A family lawyer can:
- Ensure your agreement complies with the Family Property Act and Divorce Act
- Advise on fair terms for support and property division
- Identify tax implications
- Provide independent legal advice so the agreement is enforceable
When Should You Create a Separation Agreement?
Ideally, as soon as you and your partner decide to separate. Early agreements can prevent misunderstandings about money, parenting or property. They also help set expectations if you later decide to divorce.
If significant changes occur — such as a new job, move, or change in the children’s needs — your lawyer can update the agreement.
How Demas Schaefer Family Lawyers Can Help
At Demas Schaefer Family Lawyers, we help Alberta families draft, review and negotiate clear, enforceable separation agreements. Whether you’re navigating a new separation or finalising the terms of divorce, our team can protect your interests while maintaining a cooperative approach.
Our lawyers are skilled in mediation, collaborative law and litigation, allowing us to find the best resolution for your situation.
We offer a free 15-minute telephone or video consultation to discuss your case and outline your options. Contact us today to schedule an appointment and move forward with confidence.
References
- Government of Alberta – Family Property
- Department of Justice – Divorce Act
- Department of Justice – Federal Child Support Guidelines
- Alberta Justice – Family Justice Strategy