In Alberta, if your property division is taking years to settle, you can apply for a Severance Order at the Court of King’s Bench. This grants your official divorce immediately while leaving financial disputes for later. The court application filing fee is $100 CAD.
When a marriage ends, separating couples must untangle their finances, divide their property, and agree on parenting plans. In complex cases-such as those involving private businesses, hidden assets, or heavily disputed spousal support-this legal battle can drag on for years. If you have already been separated for over a year and want to remarry, or simply want the emotional closure of being officially divorced, waiting for the property trial can feel unbearable.
Fortunately, Alberta law allows for a process called “Severance of Corollary Relief.” This means the Court of King’s Bench can legally severe (split) your claim for a divorce from the rest of your financial lawsuits. Whether you are in Calgary, Edmonton, or Red Deer, a judge can grant your Divorce Judgment today, while allowing the fight over the matrimonial home and pensions to continue. This guide explains how to successfully apply for a Severance Order. 📍
Step-by-Step Process in Alberta
Judges do not grant severance automatically. They want to ensure that granting an early divorce will not severely disadvantage or prejudice the other spouse. You must present a compelling legal argument in court.
Step 1: Satisfying Section 11 of the Divorce Act
Before any judge in Alberta will grant a divorce-severed or not-you absolutely must prove that reasonable child support arrangements have been made for any dependent children. Under Section 11 of the federal Divorce Act, a court must refuse the divorce if child support is not being paid according to the federal guidelines. If you have kids, sort this out first. 👨👧👦
Step 2: Filing the Application for Severance
Your family lawyer will draft a formal Application and a sworn Affidavit requesting the severance. In the Affidavit, you must explain why you need the divorce immediately (e.g., “I am engaged to be married next month” or “I am suffering severe emotional distress”). You must also explain why severing the divorce will not financially harm your ex-spouse.
Step 3: Addressing Potential Prejudice
The most common reason an ex-spouse fights a severance is the loss of health benefits. Once you are officially divorced, your ex is usually kicked off your employer’s extended health and dental insurance. To win your application, your lawyer might have to offer a compromise, such as agreeing to pay for private Blue Cross insurance for your ex-spouse until the final property trial is complete. 💮
Step 4: Vetting Through the Family Focused Protocol and Arguing in Chambers
Your lawyer will submit the severance application. Under the Court of King’s Bench Family Focused Protocol (FFP), you cannot bypass mandatory steps to head straight into Family Chambers. The application must first undergo a Mandatory Intake Triage (MIT) review by a Case Management Officer (CMO). To get your application certified for a hearing, both parties must have completed their mandatory requirements, including full financial disclosure, the Parenting After Separation (PAS) course (if there are children), and an attempt at alternative dispute resolution (ADR). Once certified, your lawyer can argue your application before a judge or an applications judge (the title that replaced ‘masters’ in Alberta). If they agree that there is no unfair prejudice to your ex-spouse, they will grant the Severance Order and sign your final Divorce Judgment.
Why Request a Severance?
Couples pursue this legal route for a variety of strategic and personal reasons: 🔍
| Reason for Severance | Explanation |
|---|---|
| Desire to Remarry | You cannot legally marry a new partner until you have your official Certificate of Divorce in hand. |
| Emotional Closure | Ending the legal status of “married” allows victims of high-conflict relationships to move on mentally. |
| Estate Planning | An official divorce strictly cuts off a former spouse’s automatic rights under the Alberta Wills and Succession Act. |
How Much Does it Cost in Alberta?
Because applying for severance is an extra procedural step in your overall divorce, it adds to your total legal bill: 💵
- Court Filing Fee: Filing an interlocutory application for severance at the Court of King’s Bench costs $100 CAD (under Schedule B, as of the May 2025 rate increases).
- Lawyer Fees: Having a family lawyer draft the application, prepare the affidavit, and argue the case in Chambers typically costs between $1,500 and $3,500 CAD.
- Health Insurance Payouts: If ordered by the judge to prevent prejudice, buying a temporary private health plan for your ex-spouse can cost $100 to $300 CAD per month.
How Long Does the Process Take?
Once your lawyer files the severance application, securing a date in Family Chambers at the Court of King’s Bench usually takes 1 to 3 months depending on the court’s backlog. If the judge grants the severance and signs the Divorce Judgment that same day, you must wait the mandatory 31-day appeal period before the divorce takes legal effect and you can request your Certificate of Divorce. ⏱️
Frequently Asked Questions (FAQ)
Do we still have to go to court for our property?
Yes. A severance order simply separates the legal status of your marriage from the financial issues. You will still remain in active litigation under the Alberta Family Property Act, and you will eventually need a negotiated settlement or a full trial to divide your assets.
Can a judge refuse to grant the severance?
Yes. A judge will refuse the severance if your ex-spouse proves it will cause them severe, unmitigated harm (like losing critical medical coverage for an ongoing illness), or if you have failed to make proper child support arrangements under the Divorce Act.
Does severing the divorce change the property valuation date?
In Alberta, property is usually valued at the date of the final trial, not the date of separation or the date of divorce. Therefore, getting an early severed divorce generally does not lock in the value of your assets, such as a fluctuating business or house price.
Can I apply for severance if we haven’t been separated for a year?
No. You still must meet the fundamental requirement for a divorce in Canada, which almost always means you must have lived separate and apart for a minimum of 365 days before the judge can grant the actual Divorce Judgment.
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