In Alberta, a separation agreement is a legal document that outlines the terms of separation between two parties, whether it be a married couple or common-law partners. It`s important to understand who can sign a separation agreement and what legal implications it may have.

First and foremost, both parties involved in the separation must be of legal age and capable of entering into contractual agreements. This means they must be mentally competent and not under duress or coercion to sign the agreement.

In the case of married couples, the spouses themselves are the only ones who can sign the separation agreement. If one spouse is unable to sign due to medical reasons or other incapacitation, a legal representative such as a lawyer or power of attorney may sign on their behalf.

For common-law partners, there are a few more factors to consider. In Alberta, common-law couples must have lived together continuously for at least three years or have a child together to be considered common-law. If both partners are capable of entering into the agreement, they can sign it themselves. However, if one partner is unable to sign, a legal representative may sign on their behalf.

It`s worth noting that a separation agreement must be voluntary and entered into willingly by both parties. If one party is forced or coerced into signing, it may be deemed invalid and unenforceable.

In addition to the parties involved, it`s important to have a witness present when signing a separation agreement. This witness can be anyone over the age of 18 who is not a party to the agreement. Their role is to confirm that both parties signed the document willingly and without duress or coercion.

Overall, understanding who can sign a separation agreement in Alberta is crucial to ensure the document is legally binding and enforceable. It`s always best to consult with a lawyer to ensure the agreement is drafted properly and meets all legal requirements.