The idea of a separation agreement in Alberta is to solve disputes. These disputes can make divorce procedures lengthy. The agreement ensures that both spouses know their roles and responsibilities.
But one spouse may refuse to sign the agreement. What happens if the spouse refuses to sign a separation agreement in Alberta?
Can your force your spouse to sign? Do you have any other options? What steps can you take? Let’s find answers to all these questions from this article.
Is Forcing an Option to Make Your Wife Sign Separation Agreement?
The simplest answer is no; you cannot force your spouse. Forcing your spouse means you are causing another dispute. Your spouse can use this against you in court.
The issue can escalate as you may lose certain parts of the agreement as well. So, it is best to seek legal support. It would help if you found out the reasons for not signing the contract.
Your spouse may not like some parts of the agreement. That could be the reason behind not signing, anda lawyer can help understand the issues. Thus, you can focus on renegotiating to complete the agreement.
What Happens If Spouse Refuses to Sign Separation Agreement Alberta?
The first thing to do in this situation is to understand the issues. Why is your spouse not signing the agreement? What parts of the agreement does your spouse stand against?
So, the best advice would be to seek lawyer support. Lawyers can take the matter to court. Thus, the separation agreement will still be active for further negotiations.
Your lawyer can also help you to understand the situation with your spouse. The attorney will evaluate everything. And after that, you might be given the following 4 suggestions.
Sending A Legal Notice
The first word of suggestion could be to send a legal notice. You can notify your spouse to bind them to sign the agreement legally.
Your lawyer can also come with the issues with the current agreement. So, you can send a new offer to settle with your spouse. A legal notice allows the process to remain formal throughout.
Setting a Strict Timeline
The next thing you can do is set a strict timeline. You can notify your spouse that they must sign within that time. You can send the timeframe with the legal notice.
Setting a strict timeline will allow your spouse to know you are serious. You want to be done with the divorce as soon as possible.
You can also mention what will happen if they miss the timeline. This way, it can be a legal threat. You are maintaining permittable procedures to complete the agreement. So, you are allowed to do this.
Listing the Resolved Items
You can send your wife a new list of items. These items are the better version of the settlement. You should do this only if you think of agreeing to newer terms.
The attorney can sit with the opposition’s attorney. They can discuss the revised terms of the agreement. Then, the lawyer can create a list of items that follows both you and your spouse’s interest. The new items could also be suggestions from your lawyer.
Filing an Application in Court
The final step you can take is filing a court application. This is your last resort. It would be best only to consider doing this when there is no other option to sign the separation.
The application in court may result in the judge calling for hearings. It ensures that the court takes care of the separation agreement. However, it does not matter to the court whether you formally get a divorce or not.
You and your spouse can remain separated for as long as you want. You need to complete the separation agreement only to get a divorce. If you want to finalize the divorce, make sure your spouse signs the separation agreement. When no other way works, going to court is the last option.
So, what happens if the spouse refuses to sign a separation agreement in Alberta? You cannot force your spouse to sign the agreement. You cannot threaten your spouse.
The best thing to do is seek lawyer support. A divorce lawyer can ensure you take the right path. Your lawyer will set meetings with the opposition. Your lawyer can then understand what your spouse wants.
Lawyers can suggest you 4 different approaches. Knowing them beforehand can save you a lot of trouble.