Calgary separation agreement lawyers know separation agreements are a viable, independent and binding option for resolving disputes. Our top-rated* Calgary Separation Agreement Lawyers also know most separating spouses prefer to settle matters privately and without the increased stress and cost of court proceedings to them and their children. Meet with Peter Graburn at our Calgary office early on after separation to get off on the right track.
Calgary Separation Agreement Lawyers
When Calgary spouses separate they must make decisions regarding all or any of the following moving forward:
- Who the children will live with and what the parenting arrangements will be;
- How decisions regarding the children and parenting time will be shared;
- Financial child support for the children;
- Financial spousal support for a dependent spouse;
- The division of matrimonial and exempt property of the marriage (and soon potentially for common-law spouses too.)
You and your spouse can agree to all matters and write down the terms of the agreement into a contract called a separation agreement.
Click here for a great free checklist of issues to consider in preparing a separation agreement. But remember, Homemade Separation Agreements often do more harm than good!
You should consult with experienced Calgary Separation Agreement Lawyers to ensure the agreement is valid and properly executed. Separation agreements that fall under the jurisdiction of the Family Division of Provincial Court, can be incorporated into a Consent Order. Sometimes our Calgary Separation agreements lawyers use a mediator to get to an agreement both parties can live with. If you and your spouse cannot agree, a Court will make the decision to resolve your family disputes.
How Do I Make A Fair Calgary Separation Agreement?
Any Calgary separation agreement requires full and truthful disclosure early in the process to promote early settlement by ensuring that the parties have all the information required for fair and sound decision-making. Information gaps can fuel or prolong the conflict and can affect the fairness of any Calgary matrimonial settlement agreements. Agreements made without appropriate disclosure may be set aside if challenged in the future.
Hire Top* Calgary Separation Agreement Lawyers And Get Disclosure
In Calgary, the bar to set aside separation agreements for non-disclosure appears higher than in British Columbia and other provinces. The key takeaway is to ensure you obtain full disclosure before you sign an agreement that is fair. Signing a Calgary separation agreement in a rush and then having buyer’s remorse is not a smart play.
Hire Experts To Help Ensure Full Disclosure
Our Calgary separation agreement lawyers warn that to prevent falling victim to inadequate financial disclosure separating spouses should, at the very least, make diligent efforts to satisfy any perceived deficiencies prior to signing the Calgary separation agreement. Hiring Certified Business Valuators and preparing guideline income reports by qualified accounting experts, is wise, particularly when companies and trusts are involved In cases of blatant circumstances a spouse seeking to set aside the Calgary separation agreement will need to show some kind of concealment or provide evidence that with the benefit of proper disclosure, they would not have signed the agreement.
What Types Of Calgary Family Agreements Might Be Set Aside?
Fair agreements will be upheld even if one spouse has buyer’s remorse. But our senior Calgary Separation Agreement Lawyers warn that very unfair agreements may be varied by Courts when one party seeks judicial intervention.
Supreme Court of Canada Justice Bastarache comments in Hartshorne, at para. 67 are perhaps the most instructive in offering most Courts’ applied approach to the issue of unconscionability:
Once an agreement has been reached, albeit a marriage agreement, the parties thereto are expected to fulfill the obligations that they have undertaken. A party cannot simply later state that he or she did not intend to live up to his or her end of the bargain. It is true that, in some cases, agreements that appear to be fair at the time of execution may become unfair at the time of the triggering event, depending on how the lives of the parties have unfolded. However, in a framework within which private parties are permitted to take personal responsibility for their financial well‑being upon the dissolution of marriage, courts should be reluctant to second‑guess their initiative and arrangement, particularly where independent legal advice has been obtained.
[32] …In determining the question of unconscionability, the Court must take into account all the circumstances and determine whether the bargain was so bad as to constitute a fraud perpetuated upon the party who is seeking rescission of the agreement.
The best Calgary separation agreement lawyers know taking the time to craft a fair deal for both spouses makes good sense because these agreements will stand the test of time and allow the parties to focus on moving forward.
Call our Calgary Separation Agreement Lawyers now at 403 444 5503.
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