Separation and Divorce Documents

Alberta Separation and Divorce Form [v5]

1Names and Addresses

2Relationship History

3Child and Spousal Support

4Assets and Debt Division (optional)

5Canada Revenue Agency (optional)

6Form Completion

7Review of Information

At any time, you can save your work using a link at the bottom of this form and can continue at a later time if you wish.

We use this information to prepare documents or to save time in meetings -- as you have supplied it to us already. Please take time to properly capitalize your information.

Depending on how you answer various questions, other questions or sections may appear (or disappear).

There may be a few fields which do not apply to your particular situation (example: marriage location for common- law couples, enter "does not apply", for dates enter 1/2/34)

The form will take most people between 10-15 minutes to complete. Take the opportunity to save your work at convenient times such as the end of a section.
Names, Addresses, & Dates
Your Information:
Your Name*
First Middle Last
Your Address*
Street Address City Province Postal Code Country
Your Email*
Your Phone*
(###)###-####
I am the:*
Your Date of Birth*
Month
Day
Year
Your Place of Birth*

example: Edmonton, Alberta
Your Surname at birth*
Your Surname at time of marriage*

This is the last name you used just before the marriage/relationship.
At time of marriage (or start of relationship if not married), I was*
It would be very frustrating if somehow you lost your information on this form.
Take a moment and verify that you can save your work using the "Save and Continue Later" link at the very bottom of the page.

It saves your work and provides a link to come right back and pick up where you are right now.

Optionally, you can also enter an email address and we will send the link to you so that you can come back when it is convenient and you can pick up where you left off.
Their information:
Their Name*
First Middle Last
Their Address*
Street Address City Province / Region Postal Code Country

Enter 'Unknown' if you do not know the whereabouts of your spouse. If you do not know where they are now, but can find out, save the form using the link at the bottom of this page, and update the information prior to submitting.
Their Email*

Enter '[email protected]' if you do not know their email address.
Their Phone*
(###)###-####. use (999) 999-9999 if not known or it is a foreign country phone number.
Their Date of Birth*
Month
Day
Year
Their Place of Birth*

example: Edmonton, Alberta. If you do not know this, but can find out, save the form using the link at the bottom of the page, and update this before submitting.
Their Surname at birth*
Their Surname at time of marriage*

This is the last name they used just before the marriage.
At time of marriage (or start of relationship if not married), they were*

Save and Continue Later

Relationship Details
Date of cohabitation (approximate)*
Month
Day
Year

This is the date you began to live together.
Date of separation*
Month
Day
Year

This is the date the relationship was over.
It may be the date you physically separated and one moved from the home.
Alternatively, you may have remained living in the same home but lived 'separate and apart' from each other after this date.
Are you married to the other person?*
If you were living common law and never married, select 'No'.
- Yes
- No
Marriage Details
Marriage date*
Month
Day
Year

This must match your marriage certificate
Separation City and Province (and country if not Canada)*

Where were you living when you separated? (example: Edmonton, Alberta, or New Orleans, Louisiana, USA)
Who has lived in Alberta for the last year?*
Were you married in Canada?*
- Yes
- No
Marriage location*

This must match the government issued marriage certificate exactly. Examples:
Banff, Alberta
Onaway (Rural), Alberta
Foreign marriage information*
Complete the information. Substitute the information from your wedding. Use 'unknown' if you do not know the name(s).

Example: We were married at Las Vegas, Nevada, USA before Unknown. There were three witnesses, Bob Smith, Susan Doe, and Unknown.
We were married at @ before @. There were @number witnesses: @witness1, @witness 2...
Now is a good time to save your work using the link at the bottom of this page.
Hidden
hidden - end of marriage details

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Spousal Support
What have you agreed to regarding spousal support?*
Reserving spousal support means that you can address it at a later time, if and when, it becomes appropriate.
- There will be no spousal support paid to either Party.
- Spousal Support is reserved.
- Spousal support will be paid as detailed below:
Describe any spousal support agreements*
Describe your arrangements as best you can. Some examples:
(1) John will pay to Mary a single lump sum spousal support of $100,000 on July 1, 2020
(2) Mary will pay John $1000 per month commencing on August 1st, 2020 and on the 1st of each month thereafter for a total of 22 of payments, etc.
Child Support
Are there children under the age of 18, or over 18 but still dependent because of reasons such as illness, disability, or attending post-secondary education?*
- Yes
- No
If you are not sure how to answer this question, click yes and read the information that is revealed. You set this to 'No' later.
Children's Information
Number of dependent children?*
A person is usually considered a dependent child who is:
      - under age 18
      - OR -
      - 18 and over and are still dependent because they are in school, are disabled, or other similar reason.

Child Support applies to dependent children that are:
      - the biological children of you and your spouse;
      - adopted;
      - not the biological children , but the non-biological parent acted like a parent to the child
Please enter a number from 0 to 9.
Only List Dependent Children - oldest to youngest
If you have more than 4 children, list their names and birth dates at the end of the form in 'Anything else we should know' field.
Child 1 Full Name*
Child 1 Birth Date*
Month
Day
Year
Child 2 Full Name*
Child 2 Birth Date*
Month
Day
Year
Child 3 Full Name*
Child 3 Birth Date*
Month
Day
Year
Child 4 Full Name*
Child 4 Birth Date*
Month
Day
Year
Major decisions are made by*
Major decisions normally include Educational, Medical and Religious decisions - but can involve more. If only one parent makes the major decisions, this is called Sole Custody. When you make the decisions together, it is called Joint Custody. Sole Custody is relatively unusual and can be applicable if one spouse does not want a relationship with the child(ren), is incarcerated, is otherwise unavailable, or other similar reasons.
Describe access and parenting arrangements*
example 1: The children will spend alternating weeks with each parent.
example 2: The children will live primarily with Mary and John will have access every second weekend from Friday after work until Sunday at 7 pm.
Choose how child support is paid*
- The Wife will pay child support according to the Federal Child Support Guidelines
- The Husband will pay child support according to the Federal Child Support Guidelines
- (shared) The Wife and Husband will pay child support according to the Federal Child Support Guidelines
- We will not follow the child support guidelines for the reasons below:
If applicable, describe why you are not following the child support guideline amounts.*
If you are not following the child support guidelines, the court must satisfy itself adequate provisions have been made for the children. We will supply your text 'as is'. Please note - our experience is that most people do not have acceptable reasons, or are unable to adequately describe their reasons, to not follow the federal child support guidelines and consequently, their divorce is rejected.

We have never seen an instance where people have said 'We have an agreement to pay a different amount.' has satisfied the court.

You may read the Federal Child Support Guidelines at the following link. Save your work and open a new tab/window in your browser and paste the following URL: http://www.canlii.org/en/ca/laws/regu/sor-97-175/latest/sor-97-175.html Common sections include: 3 - Amount of child support, 4 - Incomes over $150,000, 5 - Spouse who stood in the place of a parent (step-parent), 9 - Shared parenting, 10 - Undue hardship

Statutes regarding the court accepting a different amount of child support can be found at http://www.canlii.org/en/ca/laws/stat/rsc-1985-c-3-2nd-supp/latest/rsc-1985-c-3-2nd-supp.html, sections 15.1 Child Support. Helpful sections include Sections 15.1(7) - Consent Orders and 15.1(8) - Reasonable Arrangements.

The courts have their own understanding of what 'reasonable arrangements' are which have been developed over thousands of cases. This is called common law. It does not necessarily conform to what you might think are 'reasonable arrangements'.

We don't want your divorce to be rejected. We can work with you to to discuss your reasons, to help wordsmith the description, or to offer alternatives which we have seen be approved at our chargeable rate of $290/hour. However, even then, we cannot guarantee the court will accept the description and reasons you ultimately use, nor can we guarantee there are not other ways, or even better ways, to achieve your desired arrangement. Ultimately, it is up to the Court's discretion.
Your income*
Please enter a number from 0 to 1000000.
For most people this is the number from line 150 of your most recent tax return. However, consult the Federal Child Support Guidelines. Gross annual income also includes EI, social assistance, disability benefits, among others.

The court may not grant a divorce without this information.
Their income*
Please enter a number from 0 to 1000000.
For most people this is the number from line 150 of their most recent tax return. However, consult the Federal Child Support Guidelines. Gross annual income also includes EI, social assistance, disability benefits, among others.
If you do not know your spouse's income, use 999,999.

The court will typically not grant a divorce without this information.

If your spouse will not provide this information, do not choose a 'joint divorce' as they are not cooperating. Choosing a sole divorce provides a court ordered process for your spouse to provide the information in a reasonable time or they must attend court to explain why they cannot provide their income information.
Child support commenced on*
Month
Day
Year

The Court is required to have this date and cannot grant a divorce without this date.
Child support arrears details*

Describe if there are child support arrears and how they will be addressed. Example: Bob will pay $100 per month additional support commencing on August 1, 2020 against the child support arrears of $1,000 until discharged.

If there are no arrears enter 'N/A'
List special or extraordinary expenses for the children
If you wish the court to order to include that each of you shall pay your share of particular expenses (this is useful if you think the other will not pay their portion and you wish to file with the Maintenance Enforcement Program), then list a child's name, a brief description and the annual cost (after expected subsidies, insurance refunds, and any associated tax deductions available).

Some examples (costs are expressed as annual values):
Hockey, $8000
Orthodontics, $4000
School Trip to Quebec, $3200
Prescriptions (after benefits), $300
Daycare (after subsidies, after tax relief), $12000

If you do not wish to advise the court of this information at this time, you are not required to.
Child's Name........ Item.................................................. Cost
The children will be on whose medical plan?*
Often Employers have a family medical plan. Answering something other than 'Neither' will have a line in the divorce judgment requiring one or both spouses to have medical coverage for the children if available from their employer.
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Hidden Section Break to end prior section
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If you would like to discuss the division of your assets and debts with us in an in-person meeting, you can save time and money if you make a spreadsheet of your major assets and debts, and the value of the assets/debts at some point in time (such as now or the date you physically separated).

The best format to use is 5 columns:
1) Identification of the asset (e.g. 2020 F150, or RBC Savings #1234)
2) Value to use (e.g. $100,000)
3) Whose name is the item currently registered in (not who is going to keep it) (J-Joint, W-Wife, H-Husband)
4) The date the value is from (e.g. 12/31/19)
5) Who is likely to keep the item? (H-Husband, W-Wife, J-continue to own the item jointly)

List all debts as well with the same columns. Use a negative value.

Bring the spreadsheet to the meeting on a USB thumbdrive/stick.

Bringing a draft spreadsheet to the meeting can save you time and money -- but it is not required.
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Would you like to create a Separation Agreement (includes: division of assets & debts, property equalization payment, child support, spousal support and parenting)*
A separation agreement defines who will keep which assets, and who will be responsible for which debts, as well sets out agreements on child support, spousal support and parenting.
Banks typically require a separation agreement before extending new financing for homes, vehicles, or credit cards. It is also used for Canada Pension Plan contribution sharing, and some pension divisions.

Retain your signed copy in a safe place. Some banks require a copy of this for subsequent real estate transactions (even 20 years later).
- Prepare a Separation Agreement
- No - Do Not Prepare a Separation Agreement
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Assets & Debts
List all assets and debts that each person will keep. Most couples decide on a threshold value so not every item is listed. However, if you think there may be conflict or confusion, it is better to list more than less.

Descriptions should be detailed enough that a third person such as a judge would know what item the description was referring to.

Examples might be:
RBC Savings Account #1234 (the #1234 is the last 4 digits of the account number so that it could be differentiated from another RBC Bank Account)
Snowblower
2012 Chevy Equinox
123 Street Edmonton, Alberta
RBC VISA #1234
CIBC mortgage #2345
Wedding Ring
Robert Bateman Waterfowl Print

Estimated Value. Use +positive values for assets, use a -negative value for debts. Example: +1000, -2345.

Retained by? - Who will retain or be responsible for the item? H means Husband, W - Wife, J - Jointly responsible and you will continue joint ownership or will put the item up for sale and divide the proceeds equally.

Retirement Asset? Y/N - Enter Y if this is an asset like a RRSP, LIRA, RIF, Pension - when you use/access these types of assets, there will be additional tax payable. If it is not a retirement asset, enter N.
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List of Assets and Debts

Description .......................................................................................... Estimated Value (Debts are Negative) Retained by? (H/W/J) Retirement Asset? (Y/N)
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What was the date you used in the calculation of your total value of Assets / Debts?*
Some couples divided their assets and debts quite a while ago. They made all their decisions as of that date. Others make their decisions using a more current date. The date for dividing your assets and debts does not have to be the date of separation (although it can be if you both agree).
Month
Day
Year
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Describe any payment arrangement between you to make the division of assets and debts more equal.*
Make sure to indicate who will pay who, how much, and when. You may specify how as well (certified cheque, bank draft, etc). Example 1: Bob will pay Sue $100,000 to equalize the matrimonial property by certified cheque within 30 days of signing the agreement.
Example 2: Bob and Sue agree there will no payment required in order to equalize the matrimonial property
Example 3: Sue will transfer $100,000 from her RRSPs to Bob within 10 days after the home sells.
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Would you like us to prepare a title transfer and dower release?*
The title transfer can be registered at with Land Titles to change title to one person. We will prepare a title transfer only if the title is the name of the spouses and no other third parties are listed as owners.

Only applicable if married:If we prepare a title transfer, we will prepare a dower release as well. A dower release has the non-retaining spouse releasing any and all rights they might have to all real estate acquired while you are married. The non-retaining spouse can acquire rights to real estate even if the real estate in not registered in their names. Should the retaining spouse die, the non-retaining spouse may have the right to live in the home for their entire life - regardless of what is in the will ). This right exists while you are married. There are other complexities. We prepare the dower release, but you will need to sign it in the presence of a lawyer who has been retained by you to provide actual legal advice -- which is not the relationship we have with you. We are acting as a typing service only. Many lawyers charge $100 or less for their signature on this document if it has been previously prepared. There is no charge to have a dower prepared as part of a title transfer. Some offices charge $250 to prepare and sign the dower release and an additional $250 to prepare the title transfer.

Would you like us to prepare a title transfer and dower release, if applicable, for a total fee of $250.00 (a savings of $250.00)?
- Prepare Title Transfer & Dower Release where Husband will keep home
- Prepare Title Transfer & Dower Release where Wife will keep the home
- Do not Prepare Title Transfer & Dower Release
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Title Transfer Information
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Matrimonial Home Address*
Street Address Address Line 2 City Province Postal Code
What is the legal description of the property (Lot / Plan / Block)?*
You can find this on your purchase documents, your tax documents. In Edmonton, you can look it up at http://maps.edmonton.ca/. You may also contact your town or municipal office.
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Estimated value of home*
This might be the expected sale price. It is NOT the value of the home less the mortgage on the home. If one party is keeping the home, this is the value appears on the title transfer and you must swear an oath this is the value of the home.
Hidden
hidden show if asset debt selected
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Hiddden section break end of assets

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I have reviewed all the information and it is correct to the best of my knowlege.*
Revisions are costly, error-prone, and greatly increase the chances of additional fees and being rejected by the courts. Take the time to verify the information you have supplied and avoid extra costs.
- I agree
Terms and Conditions:*
If we are using the information on this form to draft documents, do you agree and consent that:
You have accurately provided to the best of your ability including basic facts (names, marriage dates, separation dates); spousal support arrangements; child support amounts in accordance with the Child Support Guidelines; and parenting arrangements which are in the best interests of the children.
Your grounds for divorce will be that your marriage has broken down because you have (or will have) lived separate and apart for at least 1 year. Alternatively, you may claim adultery IF the other spouse has committed adultery and is willing to sign an affidavit to that effect. You will supply a government-issued marriage certificate (if married in Canada, or in the case of a foreign divorce, you must provide the name of the official who married you, the number and names of any witnesses – you may use ‘unknown’ if you do not remember). If you have children under age 16, you will supply an original certificate of attendance from the Parenting After Separation government-mandated course for you, and if you are doing a joint divorce application, for your spouse as well. If we are preparing a sole divorce and you are not in the Edmonton judicial area, we are unable to file your documents for you – as you should commence your divorce in your local judicial area. You recognize that additional fees may be charged for: discontinuing an existing action which you have previously filed; departing from the Federal Child Support Guidelines; amending information which I supplied in error, failed to supply, or supplied incompletely, such as, but not limited to, number of children, incorrect spelling of my child’s name, wrong date of birth, incorrect marriage date, location, witnesses, officiant, names, marital status at time of marriage, changes in income, etc. We may reject your application for any reason, including lack of information provided or poor/inconsistent capitalization that would require extensive editing.
You acknowledge: We will fully rely on the information, documents, advice, and instructions supplied by you. We assume no decision-making responsibility or managerial authority during the process, nor do you grant the same. Document preparation is a typing service and we will type the forms solely on the information provided by you. The staff completing the documents are likely not lawyers. The Divorce Company is not representing you, there is no solicitor-client relationship unless you have retained us, and will not provide legal advice. You are the sole decision maker in this process. The receipt of general legal information is not a substitute for legal advice or assistance. You should seek legal advice regarding any agreement. The fees for such advice are not part of the fees paid to us. While we may be able to supply legal advice or represent you, we are not acting for you in a legal capacity in drafting and or filing forms. If your divorce becomes contested, this fixed fee service is not able to further assist you and will recommend that you seek the advice of a family lawyer.
Payment terms: Payment for document completion services is made in advance by credit card, money order, certified cheque, or Interac email money transfer. Personal cheques are not accepted. Money orders and certified cheques are payable to The Divorce Company (Dean Bergsma Professional Corporation). You may cancel this contract and request a refund only before we have begun to type your documents. Monies refunded will be less any actual applicable service fees incurred.
Delivery of documents: Your documents will be delivered to you either by regular mail or email, or you may pick them up at our office. If you choose to have your documents delivered to you by regular mail, they will be sent via Canada Post. Regular postage rates are included in our fees. If you request to have your documents delivered expeditiously, or to foreign countries, additional charges may apply.
I agree to the Terms and Conditions
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Separation and Divorce Documents

Alberta Separation and Divorce Form [v5]

Names, Addresses, & Dates

Your Information:

Their information:

Relationship Details

Marriage Details

hidden - end of marriage details

Spousal Support

Child Support

Children's Information

Hidden Section Break to end prior section

Assets & Debts

Title Transfer Information

hidden show if asset debt selected

Hiddden section break end of assets

Governmental Forms

Canada Revenue Agency (CRA) and Service Canada

Hidden end of CRA

Form Completion

Advantages of In Person Meetings

Child's Name........	Item..................................................	Cost

Description ..........................................................................................	Estimated Value (Debts are Negative)	Retained by? (H/W/J)	Retirement Asset? (Y/N)