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Separation Agreement (Alberta) by OLL
This separation agreement is for married spouses or adult interdependent partners in Alberta settling property, support, and parenting arrangements after separation. It requires mandatory financial disclosure and independent legal advice certificates for both parties to address the risk of being set aside under the Family Property Act.
This document comes from OLL's library of vetted legal templates
SEPARATION AGREEMENT
This template is for two people in Alberta, married or as adult interdependent partners, who have separated and wish to record how they are settling property, support and (where they have children together) parenting arrangements. It is not for people who are still living together and want a domestic contract governing a future separation (use cohabitation-agreement or marriage-contract instead), and it is not a substitute for a court order. Not suitable for use in Quebec.
Drafting notes appear in italics and are to be deleted before execution. Square brackets mark information to be filled in. Delete any inapplicable optional clauses and Parts, then renumber, before execution.
⚠️ This Agreement can be set aside. A court can set aside all or part of a family property or family law agreement — including a separation agreement — where a party failed to disclose significant property, debt, or income, or where a party did not understand the nature or consequences of the Agreement. Alberta's Family Property Act and Family Law Act set out grounds of this kind. VERIFY the exact section numbers and current statutory wording before this warning is treated as settled — the citation registry flags these as unconfirmed. Complete and exchange the financial disclosure at Schedule A honestly and completely, and do not rely on this Agreement being final until each Party has had a genuine opportunity to obtain independent legal advice.
⚠️ This is a lawyer-in-the-loop document. This Agreement is not intended to be signed without each Party obtaining independent legal advice from their own lawyer, as recorded in Schedule B. It resolves matters — property, support, and parenting arrangements where applicable — that carry significant, sometimes irreversible financial and personal consequences, and that a court retains an ongoing supervisory role over (see in particular the child support note at section 6). Do not treat this template as ready to execute without that review.
⚠️ Do not port Ontario or British Columbia reasoning into this template. Alberta uses its own statutory architecture: the Family Law Act governs parentage, support, and parenting matters for both married and unmarried couples, while the Family Property Act (renamed from the Matrimonial Property Act) governs division of property and has been extended to adult interdependent partners, not automatically to every unmarried couple who lived together. See section 3 and the note on adult interdependent partner status below.
THIS SEPARATION AGREEMENT is made as of [Date].
BETWEEN:
[Party A Legal Name] of [Party A Address]
("[Party A Short Name]")
— and —
[Party B Legal Name] of [Party B Address]
("[Party B Short Name]")
(each a "Spouse" or "Adult Interdependent Partner" as applicable, and together the "Parties")
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About this template
What is this template?
This document is a formal contract for ending a domestic relationship under Alberta law. It is not a cohabitation agreement for couples still living together, nor is it a substitute for a court order in high-conflict litigation. It contains specific schedules for financial disclosure and lawyer certifications required to prevent the agreement from being set aside.
When should you use it?
Use this document when both parties have separated in Alberta and are ready to voluntarily disclose financial assets and obtain separate legal advice. Use a cohabitation-agreement or marriage-contract instead if the parties are still residing together and plan to stay in the relationship.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 2.1 | Financial Disclosure | Requires each Party to attach a sworn statement of assets, debts, and income as of a specific Disclosure Date. |
| 3.1 | Property Division | Allocates property according to the Family Property Act for married spouses or Adult Interdependent Partners. |
| 4.1 | Matrimonial Home / Family Home | Determines if the shared home is sold with divided proceeds or transferred to one Party for a specific equity payment. |
| 5.1 | Spousal / Partner Support | Provides for either a mutual waiver of support or monthly payments calculated using the Spousal Support Advisory Guidelines. |
| 6.1 | Child Support | Obliges a payor to provide monthly support calculated under the Federal Child Support Guidelines for a specific number of children. |
| 7.1 | Parenting Arrangements | Establishes joint or sole decision-making authority over health and education and sets a parenting time schedule. |
| 10.1 | Independent Legal Advice | Confirms both Parties obtained advice from separate Alberta lawyers as recorded in the mandatory certificates at Schedule B. |
Who it's for
- married spouses in Alberta settling property and parenting after separation
- adult interdependent partners in Alberta needing a formal property division agreement
- separated Alberta parents establishing child support under Federal Guidelines
- Alberta residents requiring a contract that includes independent legal advice certificates
How long it runs and how it's signed
How long
Runs until someone ends it
Survives the end
Mutual Releases, Independent Legal Advice
Signed by
Party A, Witness for Party A, Party B, Witness for Party B, Lawyer for Party A, Lawyer for Party B
Witness
Required
Notarisation
Not required
Also needed
sworn financial statements in Schedule A; independent legal advice certificates in Schedule B
Law it's drafted under
Governed by
Family Property Act
Governed by
Family Law Act
Governed by
Adult Interdependent Relationships Act
Refers to
Federal Child Support Guidelines
Refers to
Divorce Act
Canada note
This version is drafted for Canada. Provinces differ on employment standards and Quebec applies civil law rather than common law. Tell GitLaw which province applies and it adjusts the draft.
Categories
Jurisdiction
Canada
Alberta (Canada)
Document info
GitLaw document. Document created on Mon Aug 17th, 2026. Last updated on Mon Aug 17th, 2026.
This document is public
Licensed under CC BY 4.0 (Attribution).
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