By Zoya Yusuf
Often people think of divorces as an uphill and constant battle with the opposing party, however, it may not come to a surprise that many people actually proceed with separating and divorcing amicably. Now you must be thinking that if I am divorcing or separating amicably and have agreed on the terms of the separation/divorce, then why do I need a lawyer? With that comes the question of whether one is required to retain a lawyer if their separation or divorce is agreeable?
It is not required to retain a lawyer to separate or get a divorce in Alberta. However, having a lawyer, specifically a family lawyer can be valuable during your process of separation or divorce. A family lawyer can ensure that your legal rights and interests are protected, and helping you understand your obligations or entitlement.
Often, people will indulge in the risk of drafting a do-it-yourself separation agreement to avoid the cost of hiring a family lawyer. These couples often find themselves in a conflict with one another down the road due to signing an agreement without consulting a lawyer or receiving independent legal advice. This can result in more costs that they were avoiding in the first place. A separation agreement prepared and executed by a family lawyer can avoid the above mistakes and court proceedings. A legal separation agreement binds parties to the terms of the divorce and reflected when applying for a Divorce Judgement.
At Wells Family Law, we can assist with the process of drafting and preparing a separation agreement that contains the specific language required in Alberta, while also tackling the following issues in an agreement:
- Division of family/matrimonial assets and debts.
- Parenting & decision-making.
- Child & Spousal support.
- Who is retaining the family home; and more.
We understand that many couples make compromises to reach a fair agreement amicably, however, knowing that you have a family lawyer protecting your rights and interest, and providing independent legal advice can put your mind at ease. If you are separating or separated and looking for divorce please contact our office at either info@wellsfamilylaw.com or by phone at 587-356-4342. Wells Family Law is dedicated to protecting our clients’ interests and getting exceptional results.