Separation Agreements

Service Information

With Mark Idler Law, the preparation and execution of a Separation Agreement detailing terms for Property Division, Support, and/or Parenting, OR a Divorce Settlement Agreement starts at $1,700.00 plus GST.

A Separation Agreement is a contract between individuals who have separated as a couple, due to unhappy differences. Separation Agreements prepared by my office will typically detail terms for how a separated couple will:

a.  equitably divide their family property and debt accounts;

b.  each enjoys parenting time and decision-making authority for dependent children;

c.  pay child support based on the parties' respective parenting time schedules and incomes in accordance with the governing legislation; and

d.  either comprehensively waive all spousal/partner support claims, OR outline terms for a lower income party to receive fixed-term spousal/partner support from their higher-income spouse or partner; OR have provisions for lump sum spousal/partner support to be paid by one party to the other. 

Since 2004, my office has also assisted many couples who required something a bit more complex and unusual to make their post-separation lives work, such as trading pension equity or home equity for lump-sum child support; the payment by one party of tax-free lump-sum spousal/partner support to the other, rather than taxable monthly spousal/partner support; or the right for one party to live in the family home, coupled with a structured buyout of the other party's equity in the family home, for individuals who were not able to refinance the former family home mortgage through their bank or mortgage company. 

In Alberta, Separation Agreements must be executed with each party having received independent legal advice on the terms detailed in the Agreement to be legally binding and enforceable in a Court of Law and/or for the parties to avail themselves of the services of the Alberta Maintenance Enforcement Program.

I am very pleased to report to my prospective new clients that every fully executed Separation Agreement that my office prepared for a past client was accepted in its entirety by the Court of King's Bench of Alberta in these clients' subsequent divorce proceedings with my office. Furthermore, to the best of my knowledge, no fully executed Separation Agreement prepared by my office has ever been successfully challenged or had terms of the Agreement struck by a Judge after a contested hearing in Court between my past client and their estranged spouse or partner. 

A large part of what any client is seeking in the preparation and execution of a Separation Agreement with my office is certainty as to their rights and obligations under the Agreement after it has been formally executed by each party, without having to worry that "The Fight" might easily start up again. I will do the same for my new clients and guide you through this process to get you back to a place of enjoying peace of mind through precise, carefully crafted contractual terms that can be enforced in Court if required.

With my office, the preparation and execution of Separation Agreements and Divorce Settlement Agreements starts at $1,700.00 plus GST.

FOR NEW CLIENTS: I personally prefer talking with new clients on a telephone call rather than trading a number of emails about preliminary issues. My experience is that considerably more important information about your matter can be exchanged between us if we are able to have instantaneous communication on the telephone. However, please don't hesitate to send me an email if you prefer, but do please include your best telephone number(s) in your email, for the quickest possible response from me.