Alberta
Alberta separation agreement software for family lawyers
Divo drafts Alberta separation agreements from your matter data under the Family Property Act (RSA 2000): exempt-property carve-outs with growth tracking, the ss. 37–38 acknowledgement formality built into the execution package, FCSG child support, SSAG spousal support, and disclosure recitals — assembled for lawyer review, not from a template.
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Why Alberta separation agreements are their own discipline
An Alberta agreement drafted on an Ontario- or BC-shaped template gets the province wrong in ways that matter later. The Family Property Act (RSA 2000, expanded in 2020) sets its own framework:
- →The ss. 37–38 acknowledgement formality. Alberta is the outlier: a property agreement is enforceable only if each party signs a written acknowledgement — apart from the other party, before a separate lawyer — confirming they understand the agreement's effect, the claims they're giving up, and that they're signing voluntarily. No other common-law province makes the certificate itself a condition of enforceability. Get the execution package wrong and the agreement doesn't bind.
- →Exempt property with divisible growth. Under s. 7, pre-relationship assets, gifts, inheritances, and injury awards are exempt at their starting value — but the increase during the relationship is divisible. The agreement's schedules have to carry both numbers per asset, not one net figure.
- →Adult interdependent partners are covered. Since 2020 the FPA extends to AIPs — three years' cohabitation, a child plus interdependence, or an AIP agreement — so releases drafted “married spouses only” leave claims alive. Recitals need the correct relationship basis.
- →Support still runs federal. Child support follows the Federal Child Support Guidelines and spousal support the SSAG ranges — the same calculations Divo runs on every Alberta matter, flowing into the agreement's support terms.
How Divo assembles an Alberta agreement
You run the calculations on the matter — FCSG table amount and s. 7 (Guidelines) apportionment, the SSAG range you're advising on, and the Family Property Act division with exemptions and growth traced. Divo then generates the agreement with those figures already placed: support quantum and duration, the division payment, the per-asset exemption schedule, disclosure recitals tied to the matter's documents, and the s. 38 acknowledgement certificates formatted for each party's separate lawyer.
Recalculate anything — an income changes, a valuation moves — and the next draft updates everywhere the number appears. Export is editable Word and PDF; the lawyer owns the final text. And if the file litigates instead of settling, the same matter data generates the disclosure package under the Alberta Rules of Court.
Alberta separation agreement FAQ
Is Divo Alberta separation agreement software for lawyers or for couples?
For lawyers. Consumer tools help separating couples draft their own agreement; Divo is professional drafting software used by retained family lawyers. The support and property figures in the draft come from FCSG, SSAG, and Family Property Act calculations run on the matter — with an audit trail — and the lawyer reviews, advises, and finalizes.
What is Alberta's ss. 37–38 acknowledgement formality?
Under the Family Property Act, a property agreement is enforceable only if each party acknowledges in writing — apart from the other party, and before a lawyer other than the lawyer before whom the other party acknowledges — that they understand the agreement's nature and effect, understand the future property claims they're giving up, and are signing freely and voluntarily. Miss the formality and the agreement is not binding under s. 37. Divo's Alberta drafts include the s. 38 acknowledgement certificates as part of the execution package, formatted for each party's separate lawyer.
How does Divo handle Alberta exempt property in the agreement?
The property clauses are generated from the Family Property Act division you've run in Divo: s. 7 exempt property (pre-relationship assets, gifts, inheritances, injury awards) carved out at its starting value, the divisible increase during the relationship tracked per asset, and the s. 8 distribution factors where an unequal division is being negotiated. The asset schedule attaches to the agreement, so the division figure reconciles line by line.
Does it cover adult interdependent partners (AIPs)?
Yes. Since Alberta's 2020 amendments, the Family Property Act extends to adult interdependent partners — generally three years of cohabitation, or a child plus a relationship of interdependence, or a formal AIP agreement. Divo treats married spouses and AIPs consistently, and the agreement's recitals and releases reflect the correct relationship basis.
Can the agreement figures feed Alberta's disclosure forms too?
Yes. The same matter data that populates the separation agreement generates the financial-disclosure documents — including the Notice to Disclose response package — if the file ends up in court. One source of truth, whether the matter settles or litigates.
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Draft an Alberta agreement from a real matter
Book a demo and we'll generate a separation agreement live on a test Alberta matter — property division, support terms, and the s. 38 acknowledgement package included.