Step-by-Step Guide to Crafting a Separation Agreement in Alberta 

When a relationship ends, the path forward can feel unclear—but it doesn’t have to be. A separation agreement is one of the most important tools to help couples move on peacefully. It outlines how you’ll divide responsibilities, parenting time, property, and finances after you separate. Done properly, it can prevent conflict, reduce stress, and keep you out of court. 

At Divorce Easy, we specialize in guiding couples through the process with care, clarity, and cost in mind. If you’re looking for a low-cost separation agreement in Alberta, this guide will help you understand how it works and how to get started. 

What is a Separation Agreement?

A separation agreement is required when couples want to settle important matters after a relationship breakdown—such as assets, debts, pensions, businesses, support, and parenting—and this guide to separation agreements helps ensure everything is clearly documented and legally sound.

Divorce Easy works with both parties jointly to prepare a fair and balanced agreement—unlike the traditional approach where one lawyer drafts and the other reviews. We assist the parties together in negotiating a settlement and arrange ILA for both parties through trusted third-party lawyers to ensure the agreement is legally binding in Alberta. Our fixed-fee structure is based on what needs to be settled, and we handle the entire process from start to finish, saving you time, money, and stress. 

Key areas where a Separation Agreement is needed: 

• Protecting and Dividing Pensions – A legal agreement or court order is required to divide or protect pensions, which are considered family property.
• Spousal Buy-Outs/Mortgage Refinance/Sale of Property – A Separation Agreement is required to comply with financial institutions when dividing property, refinancing, or selling, and is typically requested by real estate lawyers to release and divide sale proceeds.
• Assets – To protect assets like businesses, savings, investments, and valuable items, a Separation Agreement ensures future claims are waived.
• Matrimonial Debt – Determines responsibility for debts held jointly or individually.
• Spousal Support – Clarifies entitlement and terms of support or waives future claims.

Step-by-Step: Guide to Separation Agreement in Alberta

Here’s how to create a well-structured agreement that’s fair, enforceable, and stress-free:

1. Start with Open Communication

The most important step is being able to talk about the key issues calmly and openly. Even if things are emotional, aim for a cooperative mindset—it sets the tone for everything that follows.

2. Identify What Needs to Be Covered

Every couple is different, but most agreements will include:

• Living arrangements – Who stays in the home, or if it will be sold
  Parenting plans – Schedules, decision-making, holidays
• Child support – Monthly amounts, extra expenses
• Spousal support – If applicable, how much and for how long
• Division of property and debts – Who keeps what, and who owes what

3. Gather Financial Information

Each person should provide a full picture of their income, assets, debts, and expenses. Full transparency ensures fairness and avoids future disputes.

4. Consider Mediation if You’re Stuck

If you can’t agree on everything, Mediation can help. A neutral third-party mediator helps both sides communicate more effectively and find common ground.

If you and your spouse have already agreed on the terms, you can skip mediation and go straight to the agreement. But if there are unresolved issues, starting with mediation can be a smart and cost-effective step.

5. Work With a Paralegal to Draft the Agreement

Once the terms are agreed upon, it’s time to draft the agreement. At Divorce Easy, our experienced paralegals walk both spouses through this step clearly and affordably, making sure nothing important gets missed. 

We ensure the document is accurate, balanced, and enforceable, and we can refer you to a family law lawyer for independent legal advice if needed. 

6. Sign the Agreement

Once both sides agree and are satisfied with the document, it is signed and dated with independent legal advice, which our team arranges for both parties. This makes it a legally binding contract that can be used in court if needed. 

Separation Agreements Made Easy

As outlined in our guide to separation agreements, Divorce Easy simplifies the entire process by providing expert guidance at every step.

Our team—made up of paralegals, mediators, financial planners, and accountants—helps simplify the separation agreement process by offering clear guidance on dividing assets, arranging child and spousal support, and ensuring compliance with Alberta family law. 

Whether you need help finalizing terms or simply want your agreement drafted properly and affordably, we’re here for you. Book a free consultation with us when you’re ready.