Alternatives to Adversarial Edmonton Divorce Lawyers : The Divorce Company Ltd.
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Alberta Separation and Divorce (v40t)

1 Names and Addresses
2 Relationship History
3 Child and Spousal Support
4 Assets and Debt Division (optional)
5 Canada Revenue Agency (optional)
6 Form Completion
7 Review 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 will prepare the documents using the information you provide. Please take time to properly capitalize your information.

    This form is used for separation agreements for married couples, common-law couples and divorce documents.

    In addition, it also can record information necessary for land title transfers, dower releases, Canada Revenue Agency forms, and Canada Pension Plan division.

    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:

  • (###)###-####
  • example: Edmonton, Alberta
  • This is the last name you used just before the marriage/relationship.
  • 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:

  • 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.
  • Enter 'unknown@unknown.com' if you do not know their email address.
  • (###)###-####. use (999) 999-9999 if not known or it is a foreign country phone number.
  • 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.
  • This is the last name they used just before the marriage.
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  • Relationship Details

  • This is the date you began to live together.
  • This is the date the relationship was over.
    It may be the date you physically separated and one moved from the home.
    You may have remained living in the same home but lived 'separate and apart' from each other after this date.
  • If you were living common law and never married, select 'No'.

  • Marriage Details

  • This must match your marriage certificate
  • Where were you living when you separated? (example: Edmonton, Alberta, or New Orleans, Louisiana, USA)
  • This must match the government issued marriage certificate exactly. Examples:
    Banff, Alberta
    Onaway (Rural), Alberta
  • 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.
  • Now is a good time to save your work using the link at the bottom of this page.

  • hidden - end of marriage details

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  • Spousal Support

  • Reserving spousal support means that you can address it at a later time, if and when, it becomes appropriate.
  • Describe your arrangements as best you can. Some examples:
    (1) My spouse will pay me a single lump sum of $100,000 on July 1, 2017
    (2) I will pay $1000 to my spouse on the 1st of each month commencing on August 1st, 2017 and on the 1st of each month thereafter for a total of 22 of payments, etc.

  • Child Support

    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

  • 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 value between 0 and 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.
  • Major decisions include Educational, Medical and Religious decisions. 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.
  • 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.
  • 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. Help ful 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 1000's 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.
  • Please enter a value between 0 and 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.
  • Please enter a value between 0 and 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.
  • The Court is required to have this date and cannot grant a divorce without this date.
  • 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, 2014 against the child support arrears of $1,000 until discharged.

    If there are no arrears enter 'N/A'
  • 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 each item 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.
    Item............................................................................................Cost 
    Add a new row Remove this row

  • Hidden Section Break to end prior section

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  • Assets & Debts

  • 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).

  • 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.
  • Description ..........................................................................................Estimated Value (Debts are Negative)Retained by? (H/W/J)Retirement Asset? (Y/N) 
    Add a new row Remove this row
  • 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).
  • 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.
  • 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)?

  • Title Transfer Information

  • 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.
  • 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 show if asset debt selected

  • Now is a good time to save your work using the link at the bottom of this page.

  • Hiddden section break end of assets

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  • Governmental Forms

  • Canada Revenue Agency (CRA) and Service Canada

    Canada Revenue Agency has a number of mandatory forms and some optional that may be advantageous for you. Each form selected is $50 to draft. Which of the following would you have us draft?
  • Once you have been separated for more than 90 days, CRA requires a mandatory notification.
  • Notifies CRA of commencement date of changes in family structure. CRA will recalculate child benefits based on your new status (including retroactive entitlements). As you are no longer pooling income, many benefits are increased. This also helps prevent overpayments. CRA recovers overpayments.
  • Notifies CRA of commencement date of changes in family structure. CRA will recalculate child benefits based on your new status (including retroactive entitlements). As you are no longer pooling income, many benefits are increased. This also helps prevent overpayments. CRA recovers overpayments.
  • CRA requires that periodic (but not lump sum) spousal support payment agreements to be registered.
  • Periodic spousal support reduces the total amount of tax paid in a year by the payor. If you register your payments with CRA, CRA will send you a letter which you give to your employer allowing them to tax less tax off on each cheque resulting in larger cheques now. Of course, your refund at the end of the year is reduced accordingly.
  • During the period of cohabitation (prior to marriage and during marriage), you may ask for 1/2 for the credits paid by your spouse to be applied to your CPP account. Service Canada will allocate 1/2 of your credits during the same period to your spouse. This gives each spouse the effective same contributions during the period of cohabitation. Prior to and after the relationship, each person retains their own credits. This is advantageous to the spouse who contributed less to CPP during the relationship.

  • hidden for SIN #

  • We can still complete the forms if you do not know this but you will need to obtain this can hand write your spouse's social insurance number in at a later time. Enter 999-999-999 if you do not know your spouse's social insurance number.

  • Hidden end of CRA

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  • Form Completion

  • This section may require files to be uploaded. Save your work before continuing in this section.
  • Scan your documents.
    Drop files here or
    • If you are a past or current client, we will route your file to your mediator as they have familiarity with your situation.
    • Examples: (1) I do not want my spouse to know about my whereabouts due to family violence concerns, (2) My son John (age 14) plays hockey for X and does not live with either of us, (3) My son John is over 18, goes to UBC, is dependent on us, and we agree that regular child support does not make sense as John does not live with either of us. (4) anything else that you think is relevant.
    • In a separation or divorce review, we meet with both spouses. We provide general information about separation and divorce, facilitate discussions between you, and help you reach an agreement on all issues.

      Separation and Divorce issues are complicated. Many people are not aware of what they don't know, or make assumptions on how things work (possibly from the internet, watching American TV or from hearing a co-worker describe their divorce), make decisions accordingly, and end up with an agreement that was bad (or even very bad) for them. Most clients have questions. We can help.

      Many of the common areas of interest are listed below

      Assets and Debts: We can discuss some possible tax ramifications you might not be aware of, look for tax savings, help you determine a property equalization payment, explain some impacts of your decisions, allow for discussions/negotiations about values, timing, conditions on the agreement, allocation of responsibilities to make the agreement happen, etc.

      Spousal Support: We can review the Divorce Act with you, answer general questions, discuss the concept of entitlement (is one spouse entitled to spousal support?), examine some guideline ranges of values. Examine various options of spousal support (lump sum, periodic amounts, fixed term, evaluate various options to minimize tax, etc). We can also discuss some consequences that might happen if either spouse's circumstances change (loss of job, children leave home, etc.)

      Child Support: We can discuss determination of incomes, changes in child support when incomes or circumstances change, calculation of extra expense sharing, examine the tax effects of daycare or other expenses (if not examined, the non-resident spouse usually pays too much, and may make a claim for overpayment at a later date), discuss extra expenses that are already agreed to. Determine if you want more detail in the agreement to facilitate Maintenance Enforcement's ability to collect from the other spouse if necessary and minimize the chances of having to go to court to have a judge order the same.

      With parenting: We can discuss the concept of decision making, type of decisions made by each spouse, parenting time, a more detailed schedule, sharing of special events such as Christmas, vacations, long weekends, etc. Some couples set schedules as to when parenting arrangements are to be reviewed, how new partners will be introduced to the children. etc. Parenting is the area where there are a wide range of concerns, we help you have the discussion now to reach agreements now to prevent or minimize conflict in the future.

      These are only some items that can be discussed in the review. You are the client and we will spend as much or as little time as you wish. You can use our agenda, or create your own to cover the items that you want to talk about.

      In this meeting you make the decisions, not us - our role is to facilitate discussions and provide information. We do not 'tell' you what to do. Our approach is that you and your spouse are adults and should be responsible for and are perfectly capable of making your own decisions.

      Our fees are $290/hour. We can cover a lot of ground in a short period. You decide what we discuss. We will go as fast or as slow as you require.

      Is this something you are interested in?
    • If we have to mail documents to you or your spouse, how would you like us to mail them?
    • A joint divorce can be done if your spouse will cooperate to sign the document AND you are not claiming adultery. A joint divorce can reduce time through the court system by as much as 2 months. Choose this option only if you are sure your spouse will cooperate in signing the documents. If it turns out your spouse will not sign the documents, there is an additional fee of $250 to redraft the set of divorce documents.

      A sole divorce should be done if you are not sure your spouse will sign the documents -- OR -- your spouse committed adultery AND is willing to sign a document to that effect. Sole divorces have additional court requirements as well as additional signing meetings with you. They have an additional cost of $100 + GST

      While you can file the documents yourself (basic service), you would be responsible for all signing all documents correctly, attaching and stamping exhibits correctly, arranging for witnesses and commissioners of oaths (our experience with clients who attempt to do this themselves, is that more than 50% of people do this incorrectly and the court will not accept their forms), as well as paying the court filing fee of $260, taking time off work to attend court for each occasion, clearing security, standing in line, and dealing with the court clerks. Because of this, 95% of our clients prefer to have us do the filings for them.
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    • Please review all information for completeness and accuracy.

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    • Revisions are costly and are error prone - and greatly increase the chance your documents will be rejected. Take the time to verify the information you have supplied.

      I understand any revisions to drafted documents which may be required due to incorrect or incomplete information supplied will be chargeable at a rate of $290/hour in 1/10th hour increments, with a minimum of .2/hour charge.

    • This is a contract between you and The Divorce Company Ltd. Please read it carefully.
      We will prepare documents using the information you have provided in this online form. 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. We are a typing service and will type the forms solely on the information provided by you. The staff completing the documents are not lawyers, do not practice law and are not able to give you legal advice. 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, nor are we able to supply you with independent legal advice. If your divorce becomes contested, we will be unable to further assist you and will recommend that you seek the advice of a family lawyer.
      We guarantee the court will accept the forms we prepare. However, the guarantee is not applicable where the child support arrangements do not meet or exceed the Federal Child Support guidelines, where the information provided by you was missing or incorrect, where you fail to satisfy the court your arrangements are in the best interests of the children, where the court deems it requires more information about your relationship. Some examples might be: you have a short term marriage, there are dependent children living in foreign countries, your spouse will not cooperate with signing the documents and lives out of country, children not living with the biological parents, adultery or cruelty claims, non-enforceable provisions, provisions which violate statutes, spouses who have separated but continue to live together during the separation period, etc. If you are claiming the marriage breakdown is as a result of adultery, the person who has not committed adultery must initiate the divorce, and the person who did commit adultery must be willing to sign an affidavit to that effect.

      We reserve the right to charge additional fees for the preceding or similar conditions, or if your divorce is rejected due to preceding conditions, similar conditions, or errors in your supplied information, and you require our assistance in addressing the issues identified in the rejection.

      If we are preparing a sole divorce and you are not in the Edmonton judicial area, we can prepare the documents but are unable to file your documents for you - as you should commence your divorce in your local judicial area.
      Beyond reasonable simple clarification questions, additional mediation and/or arbitration services are available and charged separately at our current rate of $290.00/hour.

      We provide a maximum of 3 rounds of document revisions to requested documents where the revisions are required due to missing or incorrect information. Subsequent revisions are made at a$100 per round of revision. Errors which we have made do not attract additional costs.
      We may reject your application for any reason, including lack of information provided or poor/inconsistent capitalization that would require extensive editing.
      We reserve the right to refund monies paid and to cancel this contract.

      You agree to indemnify and hold harmless The Divorce Company Ltd., for any and all costs and consequences, real and derivative, arising from this contract, including, but not limited to, negligence, mistakes, delayed filing of documents, additional court fees, and lost time.
      You agree your email address may be used for correspondence and review of prepared documents, despite email not being a secure medium, and/or the risk of your information mistakenly being sent to an incorrect email address.

      Payment for document completion services shall be 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 Ltd. You may cancel this contract at any time. You may request a refund only before we have begun to type your documents. Monies actually refunded, if any, will be less any actual applicable service fees incurred.

      If married in Canada, you will supply an original government issued marriage certificate, or if married outside of Canada, 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 can 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.
      Your documents will be delivered to you either by regular mail or email (as possible), or you may pick them up at our office. If you request to have your documents delivered expeditiously, additional charges will apply.

    • You may want to save your work now using the link below before you click submit

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    Edmonton's Divorce Company
    The Divorce Company Ltd.
    #403 10240 124 St., Edmonton, AB, T5N 3W6
    780 990 0407
    info@theDivorceCompany.ca
    888.806.3914
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