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Who can start separation agreement?

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  • Who can start separation agreement?

    My wife and I live in Alberta and our relationship is done. As she has decided to leave me, who has to start the separation agreement? She insists that I have to but I'm not in agreement. I told her if she wants out then she can start it. Anyone know who legally ca do this?

  • #2
    There is no rule for who is to initiate the proceedings.
    In fact you can leave things as they are if you are both happy with simply walking away.
    After a full year a request for a divorce can be granted void any agreement/signature on the part of the other party.

    If there are children involved then this is a completely different situation.
    But to answer your question, it does not matter who does it.
    I would think that because she wants it so much more then you, then she’d have to initiate it or it won’t get started.

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