Read the FAQ from Jean Friesen

If you want to have a separation agreement that contains a valid and binding division of assets and debts, meaning that your assets are your own and protected from any future claim by your spouse, then unfortunately you and your spouse each need to sign a separation agreement in front of your own lawyer. The wording of the Family Property Act of Alberta is very clear in this regard. Further, if you want to retain the matrimonial home and want to replace a joint mortgage with a mortgage in your own name, a bank will require a properly signed separation agreement before you will be approved for a mortgage. However, you may not want or need a separation agreement. I highly suggest that you at least talk to a lawyer about this issue so you can make an informed choice about whether you need/want a separation agreement or not.

You certainly can do your own divorce without a lawyer. If you have children, the Divorce Judgement must set out the parenting plan for the children, and it must address child support. You will be required to draft all documents in the form required under the Alberta Rules of Court and pay an initial filing fee of $260. However, the issues can be somewhat complicated, and you may require the assistance of a lawyer to clarify your rights and negotiate a fair agreement. Your lawyer would then draft the documents necessary for the application for your Divorce Judgement.

The cost of your divorce will depend on whether you and your spouse have reached an agreement on all issues (i.e. an uncontested divorce) of whether you are having a hard time agreeing on matters such as a parenting plan for the children, visitation, child support, spousal support, division of assets, etc. The expensive part of any divorce relates to the steps needed to achieve resolution, whether that is through negotiation, mediation, the conduct of settlement meetings, or whether you end up in court. An uncontested divorce (meaning that you and your spouse have agreed on all issues concerning the children, child support and spousal support and no one changes their mind) usually costs around $1,200 - $1,500 plus the filing fee. The cost of your divorce goes up dramatically if there is a fight about any of these issues and letters are sent back and forth between lawyers or you end up in court.

The cost to draft a separation agreement will depend on the complexity of the case. A typical agreement usually costs $1,500 – $2,500 +/- provided that both parties stick to the agreement. The costs go up when one party changes his or her mind and we have to start renegotiating. If you have a more complicated agreement dealing with assets such as a company, business or a farm, your agreement will also be more expensive as it simply takes more time to draft. I charge by the hour for drafting and I charge $350 per hour. So the less time I have to spend redrafting, the cheaper it will be.

A retainer is the sum of money that a lawyer will request before work is started on a file. The amount of the retainer will depend on the work to be done. The retainer I request would usually be:

→ Uncontested divorce only (no separation agreement), $1,200 - $1,500

→ Separation agreement only (no divorce documents), $1,500

→ Separation agreement and uncontested divorce, $2,500

The retainer is deposited into a trust account and funds are only withdrawn when an account is rendered for work done on your file. Any unused portion of your retainer will be returned to you.

First, gather as much information you can about your income, the income of your spouse and your assets and debts. Make a complete list of all assets and debts, find out the balance owing on all of your debts and find out what your assets are worth (i.e. what would they sell for). Decide what assets you want to keep and what kind of parenting plan you would like to propose for your children. Then make an appointment to see me for a free initial consultation (first ½ hour is free). At that time, we can discuss some of your options and how you wish to proceed. All consultations are completely confidential.