You may think you and your spouse have all the details of your divorce fully worked out, but most couples overlook important details. While a basic agreement is a great starting point, gaps can lead to delays, conflict or future problems. Getting proper guidance early helps you turn a rough plan into a complete, enforceable agreement.
It is a Great Start, But It is Rarely Complete
When you say, “We have everything worked out,” at the start of the divorce process that is usually a positive sign. It means you and your spouse are communicating, sharing information, and trying to cooperate. That alone puts you ahead of many couples going through a divorce.
But here is the reality: most people don’t know what they don’t know.
You may have agreed on the big-picture issues, who keeps the house, how parenting time will work, or whether support will be paid, but there are often important details missing. These gaps can create confusion, delay your divorce, or lead to disputes later.
What Gets Missed
Even the most well-intentioned agreements can leave out key factors, such as:
- How and when payments will be made
- What happens if circumstances change
- Tax implications of support or property division
- Future claims or waivers
- Specific parenting decision-making details
- Should you provide for life insurance to ensure children are supported should you die while child support is still payable
- Canada Pension Plan credit splitting
These are not just “fine print” issues—they are the details that make an agreement enforceable and durable over time.
Your Options Moving Forward
If you believe you and your spouse have everything worked out, you generally have two paths:
1. Hire a Lawyer to Formalize the Agreement
You can retain a lawyer to review your plan and draft a proper separation agreement. In that meeting, your lawyer will ask questions to confirm whether everything has truly been addressed.
That is when gaps become clear. You may need to go back to your spouse to clarify or negotiate certain points. That is normal but it can slow things down and sometimes create tension.
2. Use Mediation for a More Efficient Process
If you want a smoother experience, Mediation will be a better starting point. In Mediation, you and your spouse work together with a neutral professional to:
- Identify missing pieces
- Explore options
- Reach agreements together
If you truly have everything worked out, Mediation will be quick and efficient. If you don’t, it gives you a structured way to fill in the gaps without escalating conflict.
Once the agreement is complete, each of you will have your own lawyer review it before signing.
Why Getting It Right Matters
In Alberta, the court mainly focuses on whether proper child support has been addressed. Other parts of your agreement may not be closely reviewed by a judge but that does not mean they don’t matter.
Your agreement needs to work for you, not just pass through the court system. If something is unclear or incomplete, it can come back to cause problems later.
Taking the time to get it right now will save you stress, time, and money down the road.
Contact Miller Boileau Family Law Group
If you’re preparing for a legal consultation and want to make the most of it, call the lawyers at Miller Boileau Family Law Group today at 780-482-2888.
Frequently Asked Questions
Q1: Can we file for divorce without a formal agreement?
You can, but it is risky. Without a clear agreement, unresolved issues can lead to disputes or delays later. Getting divorced also starts the clock ticking on a time limit to resolve property issues.
Q2: What if we agree on everything except one issue?
That is very common. Mediation can help to resolve the remaining issue without turning it into a full legal battle.
Q3: Do we each need our own lawyer?
Yes. Even if you agree on everything, each of you should get independent legal advice before signing any final agreement.
Early in her legal practice, influenced by her late uncle who was a Justice of the Court of Queen’s Bench, Marla Miller, K.C. became a Family Law Mediator. She has been helping families through mediation for over 30 years. In 2001 she, along with Pierre Boileau, K.C. and others, was one of the founding members of the Association of Collaborative Professionals (Edmonton). She has been an active volunteer with that Association ever since.
One of the first Family and Divorce Lawyers in Edmonton to make a commitment to give up litigation as an option, Marla remains passionate about helping her clients settle outside of court by finding agreements that meet their needs and interests. As both a Registered Collaborative Family Lawyer and a Registered Family Mediator, Marla is one of the most experienced family Mediators in Edmonton.