In Alberta, parties entering into a separation agreement should ensure that the essential formalities are completed: the agreement is in writing, signed by the parties and certified by third parties. Exchanging full financial disclosures and obtaining independent legal advice from a family lawyer will make the agreement much less vulnerable to repeal. We`ve also seen terrible separation agreements that have been copied from online templates. If you are serious about an agreement that lasts over time, have it done correctly by a family lawyer or a family lawyer can successfully challenge them later. The factors weighed by the Family Court in the decision to annul an agreement were pronounced by Rick v in the Supreme Court of Canada cases. Brandsema, 2009 SCC 10; Hartshorne v. If you have a good relationship with your ex, an informal or unwred agreement may work well for you. How to prove that the other party has understood everything well? This is where independent legal advice begins. A duly negotiated separation agreement almost always mentions that the parties have had legal advice and have understood their rights and obligations.

If this is not mentioned in the separation agreement and there is no evidence that a lawyer for the party has given legal advice, the separation agreement may be annulled by the court. It depends on whether you used your separation agreement as a temporary measure, until you went to court when you divorced, or as the basis for a final agreement to later make legally binding. You don`t have to receive court orders about your children and finances unless you can`t agree on them. If your separation agreement works well and you both agree, you don`t need to turn it into a legally binding consent settlement. However, it can complicate things further down the line if you haven`t cemented your agreements in this way – for example, if one of you dies before your divorce is over, or if your will conflicts with the separation agreement. You can learn more about why you want to use a separation agreement and what they might cover. If you have discovered a problem in your separation agreement, it is important to act quickly by getting legal advice from a family lawyer. .