Do you need a formal separation agreement?

Yes, it is mandatory. Each party must obtain independent legal advice prior to signing a separation agreement. You also cannot use the same lawyer and should not use the same law firm. If you fail to obtain advice from a lawyer, the separation agreement will be unenforceable.

Can you separate without an agreement?

Is a separation agreement a legal requirement in Alberta? No. You do not need a separation agreement in order to separate and divorce in Alberta. If you can prove that you have lived apart for at least 12 months, this will demonstrate that the marriage has broken down and act as grounds for divorce.

What should be included in a separation agreement?

Employers may require that the separation agreement conditions and details remain confidential. A non-disclosure or confidentiality agreement should specify what remains private—trade secrets, company finances, customer lists, and so on. It must also list exceptions to the non-disclosure clause (lawyers, spouses, etc.).

What does Order of separate maintenance and support mean?

An Order of Separate Maintenance and Support is a temporary order; it does not cover the issue of divorce, and it does not end the parties’ marriage. Either spouse may file an action for an Order of Separate Maintenance and Support, so long as the parties are living separate and apart (in a no-fault situation),…

What should I know about the stages of separation?

This section is about stages of separation, how separation can affect people, what you will need to consider and some immediate decisions you may need to make. It provides links to places you can seek assistance and legal advice about your situation. Separation is a major step for everyone.

What are the non-compete clauses in a separation agreement?

Non-compete provisions – A non-compete clause restricts you from undertaking a job in your field for a set time or in a specified location or both. Confidentiality/non-disclosure – Employers may require that the separation agreement conditions and details remain confidential.