What to Do First When Your Relationship Ends in Alberta

The first days after a relationship ends are crowded with decisions: where to sleep, how to care for the children, who pays what, and what to say to whom. Most of these do not need a final answer today, but a few of them are worth getting right.

This article gives a practical order of steps: safety first, then children, money, documents and housing. It explains how things generally work in Alberta and where a lawyer can confirm what applies to you.

This article covers the law of Alberta.

Step one: your safety and your children's safety

If you or your children are not safe, that comes before every other step. In urgent family-violence situations, an Emergency Protection Order can be applied for from the Court of Justice without notice to the other party, and it can remove an offender from their home and prevent their return.

An Emergency Protection Order must be reviewed by a judge within 9 working days, and a judge can replace it with a King's Bench protection order. It can give exclusive occupation of the residence for a specified period, whether the home is jointly owned, leased, or owned or leased by one person only.

There is no formal 'legal separation' to file

Alberta's government says there is no such thing as a 'legal separation' in Canada. Married spouses or adult interdependent partners are separated when they end the relationship and live apart. You do not have to file anything to reach that point.

What you can use instead is a separation agreement, Family Law Act court orders (such as parenting, support or exclusive possession), Family Property Act orders for property, or a divorce under the Divorce Act. A separation agreement is not required. You can write one yourselves, though the government recommends speaking to a lawyer.

Children, money and documents

For children, aim for calm and routine. Avoid arguments in front of them and keep their schedules as steady as you can. Alberta offers a Family resolution hub, the Family Justice Strategy, family mediation and parenting-after-separation programs for resolving parenting, child support or divorce matters outside the courts.

For money and paperwork, start gathering information now, before access or goodwill changes. A practical list:

• Identification for you and the children, including health cards and passports
• Recent bank, credit card, loan and investment statements
• Tax returns and notices of assessment for recent years
• Pay stubs or other proof of income for both of you
• The lease or mortgage, title documents and recent property tax notices
• Any existing marriage, prenuptial or partner agreements
• A short written timeline of the key dates, including when you stopped living as a couple

Take copies rather than originals, and keep them somewhere the other person cannot reach. Avoid emptying joint accounts or making large changes without advice.

Housing: who stays, and who can make someone leave

It is tempting to change the locks or tell the other person to go. Only a court order can remove a spouse from the family home; the Family Property Act gives no self-help right. On application, the Court may direct that a spouse or adult interdependent partner be given exclusive possession of the home, that a spouse be evicted, or that a spouse be restrained from entering or attending at or near the home.

When deciding, the court considers whether other accommodation is available within the means of both spouses, as well as the needs of children living in the home and the parties' finances. These orders are available to married couples and adult interdependent partners who cannot decide who will stay in the home, and violence does not need to be a factor. The order is temporary, lasting only until the couple or the court decides who stays and how assets are divided. If you rent, the Residential Tenancies Act should be checked separately.

Know the deadlines, then take your next steps

A short reconciliation attempt does not necessarily restart the divorce clock. The separation period is not considered interrupted if spouses resumed living together for periods totalling not more than 90 days with reconciliation as the main purpose.

Your next steps are to make sure everyone is safe, write down your timeline, collect your documents, and speak with a family lawyer before signing anything. Alberta's mandatory requirements package says it is important for all parties to consider independent legal advice throughout the process.

Frequently asked questions