A separation or divorce is one of the most emotionally and financially overwhelming circumstances a family can go through. The looming thought of living with a new normal makes things more difficult. At the end of the day, it’s also a legal process that entails everything from understanding entitlements to executing specific documents. Given how stressful everything can be, it’s only normal that most Calgary families choose the help of a trusted family lawyer.
Reliable Calgary family lawyers are a boon for navigating such challenging circumstances. While emotional turmoil still exists, their expertise provides immense support for avoiding common pitfalls and ensuring a smooth separation. This article will explore how they help navigate this situation.
What are Separation Agreements?
A separation agreement is a formally written agreement between two people who want to end their marriage or de facto relationship. It’s legally binding and typically includes vital terms like asset and property division, spousal support, parenting arrangements, child support (if applicable), and retirement fund splitting.
Some couples may also opt for an informal arrangement, whether considering separation or already having decided on it. While such arrangements may seem less complex at first, they don’t have any legal standing and cannot enforce separation, which leads to future disputes.
A formal agreement, called a Binding Financial Agreement (BFA), offers concrete documentation with enforceability and legal certainty. It’s essential even in the most cordial and cooperative arrangements; every individual must understand their legal obligations to ensure a smooth transition. With a separation agreement, both parties will have a transparent overview of:
- Entitlements under the Family Law Act to prevent being subject to undue pressure or left unprovided for.
- The terms to minimize ambiguity, including plans on how to handle disputes and deal with assets.
- The required accurately drafted and executed legal documents to enforce the separation.
- The applicable legal obligations, including the requirement of independent legal counsel to validate the agreement, per the BFA.
How a Family Lawyer Helps
Family lawyers aren’t all about courtrooms. They bring their expertise to mediate the situation by explaining your legal rights, clarifying all potential outcomes, and providing key guidance to avoid critical mistakes. Here’s why anyone considering separation must opt for a family lawyer:
1. A Thorough Consultation
The first step is consultation; a good family lawyer ensures the process starts correctly. They listen carefully to your situation, assess outcomes, and explain your rights. They also identify urgent issues, like getting interim parenting orders or freezing joint bank accounts.
2. Outlining the Separation Process
Expert family lawyers also play a crucial role in helping you understand the process, especially according to your particular circumstances. From drafting the agreement to understanding future legal claims, court proceedings, and dispute provisions, the lawyer will explain every step so you’re never in the dark.
3. Disclosing Assets and Liabilities
Asset and liability disclosure is imperative to separation agreements, and a family lawyer provides the necessary help to make this seamless. They will assist you in gathering and presenting all disclosure information about financial positions, including income, retirement funds, property, etc., while ensuring the other party does so too.
4. Preparing You for Mediation
There can always be disagreements between both sides of a separation agreement, and that’s where having a lawyer by your side is critical. Family layers negotiate on your behalf, often preparing you for mediations so that you can achieve a mutually beneficial outcome without the case going to court. In sensitive situations like complex asset structures or domestic violence, the lawyer’s role becomes a lot more critical, as they can help you with the following:
- Applying for protection orders if required
- Working with forensic professionals to value hidden assets or owned businesses
- Court representation if a mutual agreement doesn’t happen.
Wrapping Up
Navigating relationship changes during a separation is easier said than done, and it's where you’d need a good family lawyer. From drafting the agreement to registering it and ensuring cordial mediation, they are your pillar of support at a time when you feel you need it the most.
