Lawyers often tell you that your written separation agreement
needs to be made by a lawyer.

Fact A written agreement is a domestic contract which is legal when signed and witnessed by any adult. So why do Lawyers claim you need legal counsel for any agreement to be legal? Even before seeing your agreement a lawyer may say your agreement will not stand up in court unless it is created and signed by him/her. The most common reason given is that the lawyer's job is to protect your rights and do what is best for you, and without his/her help you may be at risk. The courts encourage you to use an agreement, and the courts also say that your agreement needs to be signed and witnessed, and can be made with or without legal counsel. Under normal conditions you and your ex can come to reasonable terms because there are rules about child support and property, which leaves very little room for fighting. So you use a free template to hash out the details. In a December issue of McLean's the premier of Alberta called this approach "getting to yes".

What happens next should scare you

One of you decides to take it to a lawyer for a quick review. You are told your agreement is invalid and should not trust anything from the internet. During your first interview the lawyer will ask some very basic questions about children, property, and money. The lawyer draws out your answers to discover your situation and to decide if it is in the lawyer's best interest to represent you. Face facts here; a lawyer has only so much time in the day, and he/she will always ask "What's in it for me and does this person have the ability to pay"?

A lawyer cannot represent both sides, so your spouse will need to hire his/her own lawyer. By nature and training lawyers are expected to fight, so your separation agreement is now following the adversarial model to resolution- and that my friend suits the lawyers just fine. Don't be fooled if your lawyer talks about the collaborative model; this approach means that the lawyers promise to work things out between the parties without going to court. The collaborative law model does not promise to limit the meetings or limit the billings.

Consider this; if you have children you and your spouse and your team of lawyers have a duty to comply with the Child Support Guidelines. The guidelines have been in place for a while and are designed to eliminate fights and costly court time. There is little to argue about, and little to discuss about child support, but your lawyer, who you pay well to do what is best for you, despite the rules, uses the traditional adversarial model to drag things out with more meetings which results in you spending more money.

Property and pensions have their own set of rules, which also means there is little to discuss, but if you can pay the fee lawyers will find things to argue.

There are two legal issues about separation that may seriously require legal assistance. Claims for custody of children, or claims for spousal support. Often claims for child custody are used as a red herring, to stall or to avoid paying child support.

Lawyers truly like to fight over spousal support because it generates so much billings. Colin wrote the book How to Resolve Spousal Support Without Lawyers. For answers and more info about alimony and spousal support see www.myspousalsupport.com

Maybe you have only paid $1,200 for your lawyer to print your agreement, or maybe you have parted with $20,000. Now you are ready to do the signing, Guess what - your ex has no legal duty to sign the thing, ever.

How to confuse, and run up the bill This clause from the free CanDivorce simplified separation agreement says it all and it works just fine. Spousal Support The parties agree that neither party shall pay spousal support to the other. This next clause, often used by lawyers says the same thing but with many more words which when you read it may make you want to run to a lawyer, which is the idea. Spousal Support The parties acknowledge that upon the property transfers and payments set out herein each shall be deemed to be self-supporting and not in need of support from the other. Both parties accept the terms of this Agreement in full satisfaction of all claims and causes of action which he or she now has or may in the future acquire against the other for support, whether under the Family Law Act, the Divorce Act, the Succession Law Reform Act or any other statute or law of any other jurisdiction. Each of the parties: - is financially independent; - does not require financial assistance from the other; - releases the other from all obligations to provide support or interim support pursuant to the Family Law Act, Divorce Act, Succession Law Reform Act or any other statute or law of any other jurisdiction; and - the parties realize that there may be future changes to their financial circumstances by reason of health, the cost of living, their employment, financial mismanagement, financial reversals, inheritances or otherwise. No change whatsoever will give either party the right to claim support from the other pursuant to the Family Law Act, Divorce Act, Succession Law Reform Act or any other statute or law of any other jurisdiction, even if the change is a catastrophic, drastic, material, profound or radical one, whether or not the change was foreseeable, foreseen, unforeseeable, whether or not the change is casually connected to the relationship and whether or not such change arises from a pattern or economic dependency related to the relationship. The parties specifically agree that; They have been fully compensated for his or her contributions to the marriage and, therefore, they have suffered no economic hardship or disadvantage as a result of the marriage or its breakdown; there have not been any economic advantages or disadvantages to either of them that have not been fully compensated in the arrangements set out in this Agreement; and each party acknowledges the obligation and his/her ability to be self-sufficient and that he/she is solely responsible for his/her own support. There are 3 more paragraphs which really say the parties agree that neither party shall pay spousal support to the other

Why use a lawyer for your separation agreement?

You may go to lawyer for a separation agreement because you have no idea of what it should contain or what terms are agreeable.

You may be so emotionally drained and cannot think straight, so you seek legal help to sort out the mess.

You may be so angry that you seek out a lawyer to "make 'em pay"

You have tons of money, so a few thousand paid to a lawyer is simply lunch money.

Maybe you sincerely do need legal help, so try to pick the right counsel. You may be better served by an accountant or a real estate lawyer.

Special rules for Alberta?

Lawyers in Alberta have been know to claim that in Alberta only lawyers may make an agreement. They say that a written agreement in Alberta is invalid if it is not created by a lawyer. The lawyers are manipulating and dancing around the facts, here's why.

The legislation is called the Alberta Matrimonial Property Act. The very last line causes a ton of confusion, and results in misinformation.

Here's the short version of the requirement that a written agreement must be made by a lawyer under this Act. 

1. 1. If there is a dispute about property, and, the dispute comes before a court,
   2. and, if evidence is in the form of a written agreement, then, the agreement is accepted by this court as evidence if the agreement is made before a lawyer.
   
   Lawyers for years have used the last line in this act to claim that all written separation agreements in Alberta must be made before a lawyer. They also insist that both parties to an agreement seek independent legal advice, which drives the billings. Here is what is also in the Act and they don't want you to know...

2. "Creating a separation agreement will allow the parties to contract out of the MPA. That means that the MPA will not apply to their property. The spouse must understand that they are giving up their right to future claims– this right is being replaced with the agreement."

You don't legally require a lawyer to make your separation agreement.

If you are separated now, or are considering separation, then this free separation agreement can be useful. This is our newest sample agreement, written with the legal jargon removed, and it includes provisions for child support. Your separation agreement provides proof of the date of separation. Settle various issues directly with your spouse using your free separation agreement, without going to court. Your free separation agreement can clearly define your rights and obligations. When signed, and witnessed by any adult your separation agreement is legal and binding. A lawyer does not need to create or sign your separation agreement to make it any more legal. The separation agreement is a domestic contract which you keep for reference and does not need to be registered someplace unless required as evidence. An agreement is not a requirement for divorce, but if you have one then you will also file it with the court as part of your divorce process.

Lenders?

If the official at the bank wants your agreement to be made by a lawyer then ask to see their rule in writing and also consider changing banks. Just about every lender will accept the agreement, but some mortgage brokers have been known to want a lawyer involved.

• When you are ready to divorce please send your application, it will take you less than 2 minutes. Your information is confidential and your privacy is guaranteed, and you won't receive any invasive phone calls or e-mails. 84% of our new business comes directly from referrals, so we must be doing something right.

  
  If you are concerned about being taken for a ride then see this posting, it's about internet scams and integrity.

Download your free sample separation agreement
http://www.CanDivorce.ca/download/separation.doc

CanDivorce.ca
An authority site.
Rich with information about separation and divorce.

Quebec law is very different, so please see
LawQuebecDivorce.com

How to Escape your Marriage. Free e-bookA free e-book about separation and divorce. It covers the legal steps, divorce and separation with or without children, gives you key information about protecting your money, and helps you through the emotional roller coaster.

It's yours right now without any annoying log-in or signing up - no strings at all.

Instant Download
Available too for
Mac people

We answer questions every day, and that's OK because we do like to help.

Often your question has been asked before
and the answer may be posted on the FAQ page.

"My girlfriend, and her ex, just spent $3G each, and their agreement is no more thorough than yours.   The lawyers even downloaded it off the net." D.L Bruce Pennisula, ON

Friends help friends

Tell a friend about this free separation agreement, because they will thank you.

"Never turn your back on a lawyer".

(Kevin O'Leary, Dragon's Den, 2011)

"There are so many rules and so little time to ponder them. I had better stop because I can not bill my client for these thoughts.
Or can I?"

( Delfman, Bruce. The Rule in Jimmy's Case.)

information is valid for British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, PEI, Nova Scotia, New Brunswick, and Newfoundland.

You divorce quickly without adversarial lawyers
Avoid the pain of going it alone.