A separation agreement is a contract between two people who were married or living together that records how they will handle parenting, support, property and debt now that the relationship has ended. Most separations in British Columbia are resolved this way rather than by a judge.
It can be signed at any time after separation and needs no court application. Done properly it is binding, and the support and property terms can be filed with the court so they are enforceable in the same way as an order.
What makes an agreement hold is the process behind it: full financial disclosure on both sides, independent legal advice for each person, and no one signing under pressure. The Family Law Act lets a court set aside an agreement reached without those things, or one that is significantly unfair on property division. An agreement written on a kitchen table and signed the same evening is the kind that gets challenged years later.
What we help with
- Drafting an agreement covering parenting time, support, property, debt and the family home
- Reviewing an agreement prepared by your spouse’s lawyer before you sign anything
- Independent legal advice and signing certificates
- Negotiating the last few points where you are close to agreement but not there yet
- Filing support terms with the court so they can be enforced
- Changing or replacing an agreement after a change in income, parenting or health
- Challenging an agreement signed without disclosure, advice or a real choice
How it usually works
- 01
Map out what has to be decided
Parenting time, support, the house, pensions, debts and anything time sensitive, such as a mortgage renewal or a benefit deadline.
- 02
Exchange financial disclosure
Both of you have a legal duty to disclose income, assets and debts. An agreement built on guesswork is the easiest kind to overturn.
- 03
Negotiate the terms
Most of the work happens here, by correspondence, at a four-way meeting or in mediation, with the law on each issue made clear before you decide.
- 04
Sign it, then make it stick
Each person signs with their own lawyer’s advice. We then file what needs filing and complete the title transfers, pension division and account changes the agreement calls for.
Related services
- Divorce & SeparationEnding a marriage or common-law relationship, from the first weeks after separating to the final divorce order.
- Spousal SupportWhether spousal support is owed at all, then how much, for how long, and when it can change.
- Division of Property & DebtDividing the home, pensions, savings, businesses and debt under the Family Law Act.
- WillsDeciding who inherits, who administers your estate, and who cares for your children.Wills & Power of Attorney