Canada Family Law

Have a Canadian family law question? Ask a family lawyer.

Connect one-on-one with {0} who will answer your question

This answer was rated:

★★★★★

If my partner and I legally separate and we use a separation…

If my partner and I...

If my partner and I legally separate and we use a separation agreement which we found on the internet and we have it notarized.... will this separation agreement be legal ? And will this agreement be recognized in all countries? EVEN if the agreement is
made and notarized in a DIFFERENT COUNTRY other then the country we were married in? We were married in Alberta, Canada, but might have this agreement drawn up and notarized in Nevada, USA.

Show Less

Ask Your Own Canada Family Law Question

Answered in 12 minutes by:

4/7/2015

Family Lawyer: Legal Ease, Lawyer replied 8 years ago

Legal Ease, Lawyer

Category: Canada Family Law

Satisfied Customers: 148,452

Experience: I am a practicing lawyer and have also been an online professional for 12 years.

Verified

Where do you currently live?

Customer reply replied 8 years ago

We live in Alberta, Canada and were married there.However, we are currently in Nevada, USA and were looking into separating now as we will not be returning to Canada for a few months.My husband is a Canadian citizen and I am an Australia citizen.

Family Lawyer: Legal Ease, Lawyer replied 8 years ago

Can you say that you are a permanent resident of Alberta and just away for a temporary time?

Customer reply replied 8 years ago

I live in Alberta and enter Canada on a visitor visa only.
I am an Australia citizen and leave Canada for temporary periods (of a few months per/year)

Family Lawyer: Legal Ease, Lawyer replied 8 years ago

But can you say that at least one of you has a permanent home in Alberta? And can you say that this time away is just temporary?

Customer reply replied 8 years ago

Yes my husband has a permanent residence in Alberta, Canada.Yes we are currently just away on vacation out of country.

Family Lawyer: Legal Ease, Lawyer replied 8 years ago

That's what I needed to know.
The law is that you can apply for a divorce in Alberta so long as one spouse has been resident there for at least one year.
And given your facts Alberta is the only jurisdiction where you can divorce at this time.
The agreement will not be good enough in Canada.
In Canada to be sure that your agreement will stand up in Court, that is, be considered binding, you both need to have independent legal advice.
So you each need your own lawyer in Alberta if you want to be sure the agreement will be binding later on.

Customer reply replied 8 years ago

So it doesn't matter if you have drafted a separation agreement together and had it notarized?
It still won't stand if it hasn't been done in Alberta?

Family Lawyer: Legal Ease, Lawyer replied 8 years ago

You both need independent legal advice from lawyers in Alberta.

Legal Ease, Lawyer

Category: Canada Family Law

Satisfied Customers: 148,452

Experience: I am a practicing lawyer and have also been an online professional for 12 years.

Verified

Legal Ease and 87 other Canada Family Law Specialists are ready to help you

Ask your own question now

Was this answer helpful?

Yes

How JustAnswer works

Describe your issueThe assistant will guide you

Chat 1:1 with a family lawyerLicensed Experts are available 24/7

100% satisfaction guaranteeGet all the answers you need

Related Canada Family Law Questions

My friend is Canadian, currently living in Paris, he would

Good morning, my friend is Canadian, currently living in Paris, he would like to get a divorce with his ex wife also Canadian of nationality, living in Vietnam. They are physically separated for more … read more

ALLawyer

Lawyer

J.D.

361 satisfied customers

My girlfriend has been separated for ~2 years. We want to

Hello. My girlfriend has been separated for ~2 years. We want to marry but she has no separation agreement … read more

ToLawyer

Lawyer

J.D.

360 satisfied customers

Some questions for divorce. 2child. Husband is in calgary im

husband is in calgary im out of canada with my kids … read more

Joey

Lawyer

Juris Doctor

5,845 satisfied customers

I have a question regarding divorce law in Canada. No

Hi so i have a question regarding divorce law in Canada … read more

ToLawyer

Lawyer

J.D.

360 satisfied customers

I was married in Ukraine. Lived in Alberta for 6 years

Hi I was married in Ukraine. Lived in Alberta for 6 years together. Now getting through divorce in Ukraine. Was wondering to ask about the alimony and how she can the advantage of me? … read more

Legal Ease

Lawyer

Doctoral Degree

148,452 satisfied customers

I was married in Nova Scotia but neither my wife or I have

I was married in Nova Scotia but neither my wife or I have lived in Canada since. We have never worked in Canada. We declared our separation and divorce in Colombia. We are legally divorced in Colombi… read more

Legal Ease

Lawyer

Doctoral Degree

148,452 satisfied customers

To you. I'm looking for some information, as to what to do

Hello, Good day to you. I'm looking for some information, as to what to do regarding divorce.Ok so here goes. I was married in Nevada USA in 2010 to my Canadian wife. We separated mutually in 2014; we… read more

Legal Ease

Lawyer

Doctoral Degree

148,452 satisfied customers

I have a family law question in Ontario, Canada I have

hello, I have a family law question in Ontario, Canada I have divorced my ex-wife 2 years a go in our country and i got a divorce documents from our court , so we are legally divorced in our country. … read more

Legal Ease

Lawyer

Doctoral Degree

148,452 satisfied customers

My ex partner ( 3 years common in law) sent me a letter

My ex partner ( 3 years common in law) sent me a letter today and tell me that I have to move out by the end of the year. He also claimed that he has paid most of the home mortgage, expenses (which he… read more

Legal Ease

Lawyer

Doctoral Degree

148,452 satisfied customers

On 1995, after I moved to Barbados from Canada, I was served

On 1995, after I moved to Barbados from Canada, I was served with the existing Canada order out of Alberta for child support My living and income circumstance changed dramatically,hired a lawyer to tr… read more

Legal Ease

Lawyer

Doctoral Degree

148,452 satisfied customers

Is Canadian Family law the same marriage persons and those

Is Canadian Family law the same for Legally marriage persons and those in a relationship with children not legally married?… read more

Ulysses101

Litigator, Barrister and Solicitor

LLB

4,998 satisfied customers

My exhusband and I separated and subsequently divorced in

My exhusband and I separated and subsequently divorced in 2008. At that time we had a separation agreement drawn up which stated we would share custody 50/50 of our two children. We have both since re… read more

Legal Ease

Lawyer

Doctoral Degree

148,452 satisfied customers

I am an Australian Citizen in a common law relationship with

I am an Australian Citizen in a common law relationship with my partner (Canadian Citizen). If I were to move to Canada under the family sponsorship of my partner and contribute equally to paying the … read more

Ulysses101

Litigator, Barrister and Solicitor

LLB

4,998 satisfied customers

Hut only please. I just read you reponse regarding a

For Law.hut only please. I just read you reponse regarding a question asked about 3 years ago entitled, "Is an interspousal agreement from Saskatchewan valid in Alberta?" Very interesting how you word… read more

Legal Ease

Lawyer

Doctoral Degree

148,452 satisfied customers

As I have obtained a legal divorce in a Jordanian court....please

As I have obtained a legal divorce in a Jordanian court....please tell me how I go about getting this recognized in Canada...I need my Canadian Divorce as well... I have the document with me here in C… read more

Legal Ease

Lawyer

Doctoral Degree

148,452 satisfied customers

Good day,If we are living outside Canada, both wife and

Good day, If we are living outside Canada, both wife and husband are Canadian, which authorized organization can issue legal separation certificate? Does it have to be Canadian consulate or it can be … read more

Legal Ease

Lawyer

Doctoral Degree

148,452 satisfied customers

Can I(I am from the Philippines) be common law with my partner

Can I(I am from the Philippines) be common law with my partner (Canadian Citizen) if I was married in the Philippines. Me and my partner are living together in Singapore for 2 years and we are plannin… read more

Law.Hut

Lawyer

Law degree (Juris Doctor)

6,458 satisfied customers

My name is Stacy. I am forwarding this information from my

My name is Stacy. I am forwarding this information from my boyfriend, Reg. Hello, I was married in Calgary in 2009. My wife and I have been separated and living apart, since December of 2010. I am Can… read more

Legal Ease

Lawyer

Doctoral Degree

148,452 satisfied customers

Disclaimer: Information in questions answers, and Show Less

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

JustAnswer in the News:

What Customers are Saying:

Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.
MonikaCanada

This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.
MikeHalifax, NS

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!
Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.
EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.
Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!
ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Legal Ease

Lawyer

148,452 satisfied customers

I am a practicing lawyer and have also been an online professional for 12 years.

ToLawyer

Lawyer

360 satisfied customers

Lawyer

CriminalLawyerTO

152 satisfied customers

Marc N. Quinn

Lawyer and Mediator

134 satisfied customers

Expert

ARLENEP41

EMPLOYMENT AND HUMAN RIGHTS LAWYER

89 satisfied customers

Expert

Jeremie John Martin

Lawyer

86 satisfied customers

I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.

NJ_Law

Lawyer

79 satisfied customers

Bachelor of Laws

< Previous | Next >

Show MoreShow Less