Do you Qualify for an Uncontested Divorce?
We can help you with a low-cost Uncontested Divorce, Legal Separation Agreement or Cohabitation (or Premarital) Agreement if:
- you and your spouse or partner have reached an agreement regarding children, property and the support of each other;
- it is unlikely that these matters will become contested;
- you do not require legal advice (for the divorce); and
- you or your spouse have resided in Alberta for the past 12 months.
How to Apply for an Uncontested Divorce and/or Legal Separation Agreement
For your free consultation, contact us at 1-800-320-2477 ext 0 (if calling within Canada) or 1-403-229-2774 ext 0 (if calling from outside Canada). Debbie Ward, owner of the Canadian Legal Resources Centre Inc., has successfully assisted with over 3000 Uncontested Divorce & Legal Seperation Agreements since 1987. And, the Canadian Legal Resource Centre Inc. was honored with the Consumer Choice Awards for Business Excellence for the years 2006, 2007 and 2008! We were voted the #1 Paralegal Company in Calgary.
This Article Does Not Constitute Legal Advice
The information contained in this article is general in nature and does not constitute legal advice. If you require legal advice, you must consult with a lawyer.
Do I Need a Legal Separation Agreement?
If you talk to a lawyer, most will say you definitely need one! However, many couples choose to divide property, assets and debts between the two of them without obtaining a legal separation agreement.
When filing for a divorce you do not need a legal separation agreement to prove separation. All that you do is declare in the Statement of Claim for Divorce the date of separation. Later, you will swear under oath the date that you separated from your spouse. In other words, you do not ordinarily need a legal separation agreement to prove separation and to file for a divorce. .
A legal separation agreement is a legal contract between both parties resolving issues related to:
- The division of property, assets and debts;
- Custody, access and child support;
- Spousal support.
There are often additional provisions in the agreement protecting both parties from future claims. For example, the agreement usually specifies that the agreement is a final agreement with respect to property, assets and liabilities.
The agreement also usually specifies that:
- spousal support will not be paid now or in the future; or
- it will be paid for a short time only following which spousal support payments will cease forever; or
- spousal support will be paid for a period of time following which spousal support can be reviewed and either cease or continue.
Is a Seperation Agreement a complete and final settlement regarding the custody, access and support of children? Matters regarding children can be reviewed and changed after an agreement has been reached (i.e. if there is a change in circumstances such as the income of each other or one spouse wishes to change or challenge custody/access arrangements). Such changes can be made between both parents, failing which one party may proceed with an apllication before the courts to vary custody, access or child support. Keep in mind that past arrangements (whether made verbally between both parties or in writing through a legal separation agreement) may set a precedence and as a result may be difficult to change at a later date.
The agreement is an agreement between you and your spouse, not between you and your creditors. As a result, the agreement does not protect you from claims from creditors. But, what it does provide you with is the following:
- A legal agreement that allows you to sue your spouse in Civil Court for not following the terms of the agreement (i.e. if your spouse agrees to pay debt but refuses to) or you can hire a lawyer to help you enforce the terms of the agreement; and
- A clause that indicates your spouse is liable for all legal costs that you incur should your spouse not abide by the terms of the agreement.
There are other benefits to having a legal separation agreement as well. By obtaining a legal separation agreement you will have piece of mind knowing that all issues have been properly and thoroughly addressed. You may require a Legal Separation Agreement and/or Pension Order to have a portion of a pension plan transferred from one spouse to another. A Legal Separation Agreement may be required by your bank should you wish to obtain a new mortgage. It is proof that all matters between you and your spouse have been resolved and as such, your spouse is unlikely to make further claims against you or any subsequent property you may own. Revenue Canada may also require proof of a Legal Separation Agreement (or court order) when one person claims spousal support as reduction in taxable income or as evidence of separation of both parties when proving to whom child tax credits are owed.
Uncontested Divorce
The procedures for obtaining an Uncontested Divorce, where there are no dependent children and no property issues, are as follows:
- Prepare & File Statement of Claim for Divorce
- Serve Spouse & Obtain Affidavit of Service
- Prepare, Sign and File final divorce papers (Request for Divorce, Praecipe to Note in Default, Affidavit of Applicant, Divorce Judgment and Request for Divorce Certificate).
When there are children involved, Federal Child Support Guideline worksheets must be prepared and approved by the Family Law Information Centre. And, both parties must attend the Free Parenting After Separation Seminar, unless exempt.
Processing times and procedures fluctuate depending on the level of cooperation from the spouse (Defendant), how the spouse was served, where the spouse was served, and grounds for divorce. Average processing time is normally 3 to 5 months (if the Defendant is served in Alberta), 4 to 5 months (if the Defendant is served elsewhere in Canada) or 5 to 6 months (if the Defendant is served outside Canada).
Call 1-800-320-2477 (toll free) or 229-2774 (Calgary) for your free consultation.
Land Transfers
We assist with spousal land transfers. Procedures are as follows:
- We prepare the land transfer and dower release.
- We arrange for both spouses to sign the land transfer in our office.
- The spouse giving up their interest in the matrimonial home signs the Dower Release in the presence of his/her lawyer and then returns the signed Dower Release to our office.
- We file the Land Transfer and Dower Release.
- The land titles office then takes at least 3 to 7 working days to process the Land Transfer and Register the Dower Release. Please check with our office as this processing time has fluctuated between 2 and 20 days.
- We do not assist with the transfer of any payment for the land transfer. The parties work this out between the two of them or with the help of their lawyers.
Fee Schedule
Uncontested Divorce (Alberta only)
- No Children: $550 our fee + disbursements + GST
- With Children: $750 our fee + disbursements + GST
Disbursements, where applicable:
- Marriage Certificate: $15 to $30
- Personal Service in Canada: $0 to $150+ depending on level of cooperation from Defendant
- Substitutional Service: $225 + disbursements (such as courier costs, process serving or advertising)
- Court of Queen’s Bench Filing Fee (GST exempt): $210
Additional Fees Each Apply if:
- The Defendant’s consent (or his/her lawyer's) is required on the Divorce Judgment ($45) (i.e. they file a Demand of Notice)
- Grounds for Divorce are Mental Cruelty, Physical Cruelty or Adultery ($25)
- Exemption from Parenting After Separation Required ($25)
- If the Judge rejects your proposed custody, access and child support arrangements ($50 + disbursements, if any)
- If a Waiver of the 31 day Appeal Period is Required ($125)
- If a Rush Divorce is Required ($125) (you appear before the Judge to have the Divorce granted)
- Pension Order ($250)
- Discontinuance ($50-consent of client only required $75-consent of spouse required and spouse prepared to cooperate)
- Notice to Disclose/Notice of Motion ($25 if the Defendant provides financial information in response or $150 if the Defendant refuses to respond by providing financial information)
Legal Separation Agreement (Alberta only)
- No Children: $550 our fee + GST (+ lawyer fee)
- With Children: $650 our fee + GST (+ lawyer fee )
Land Transfers
- $150 + disbursements + GST
Disbursements:
- Lawyer Fee to sign Dower Release (approx $50 to $75)
- Land Titles Office Fees (usually $75 to $125)
