Do You Know All Your Legal Spousal Rights in Alberta?:
A blog about your rights during separation
You and your spouse may decide to separate from each other before you file for divorce. This period of time is officially called a “separation” and may be negotiated as part of your divorce or separation agreement. The rights that you have during this time are different from the rights that you have during your divorce process, which is why it is important to know what they are.
During Separation You Still Need To Share Child Care, Work Out A Budget, And Have Important Conversations.
When separating from your partner in Alberta, you both still have important roles to play when it comes to your children. You will still share the cost of child care. You will need to work out a suitable budget for your family. Dealing with these things during separation will make it easier when the final agreement is made, making it clear what you will be entitled to in a divorce.
During separation in Alberta a lot is referred to by the acronym ‘MUSTHAP’ – which stands for:
- Money;
- Utilities;
- Schooling;
- Transportation;
- Household;
- Administration; and
- Parenting (kids).
These are the seven areas that you MUST discuss as you separate from your partner.
A Separation Agreement Will Help You Have These Conversations In A Clear Way.
A separation agreement is a detailed statement of the terms on which you and your spouse or registered partner intend to separate from each other. It can apply to property and financial matters, children, parenting arrangements, other family members living with you, etc.
By entering into an agreement after you separate, you’re showing respect for your relationship history and can help preserve the possibility of your relationship staying amicable in the future. Writing up a realistic practical document that includes things like schedules and agreements on how to plan your child-rearing can also help ensure that these “how-to” issues are done on a consistent basis.
Preparing An Agreement Will Help You Come To Decisions Instead Of Fighting The Battle Later On.
Lawsuits during separation can be avoided if you and your spouse can come to an agreement on these issues, but the first step in doing so is with you both signing a form that expresses your intentions. This form is known as an agreement, which will allow you to spell out who is going to be the custodial parent, health care decisions, and more. An agreement can help you come to decisions instead of fighting a battle later on.
There are many laws in place which will affect you and your children during separation. These laws include child support, visitation, custody, and others. You’ll want to get an agreement in place once you start negotiating with the other parent. Using a Separation Agreement Template can help you with this process. There is no way to legally enforce a separation agreement, especially if one spouse refuses to sign.
However, when the two parties have come to an agreement on these issues over using a Separation Agreement Template, they are much more likely to adhere to it because they have agreed upon the terms themselves.
The takeaway, make sure you talk with your spouse/partner about your rights while separated; an agreement will help you keep a shared sense of direction and avoid conflict in the future.
