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What is a separation agreement?
A written contract between separated spouses that sets out how they will deal with parenting, support, and property and debt. Once signed, it can settle those issues without a court order.
Do I need a separation agreement in BC?
There is no legal requirement to have one. But an agreement gives both of you certainty, can be filed with the court so its support terms can be enforced, and is often needed to refinance a mortgage, divide a pension or transfer property.
What should it cover?
A thorough agreement usually deals with parenting responsibilities and parenting time; child support and section 7 expenses; spousal support, or a release of it; division of the home, pensions, investments and debt; and how future disagreements about the agreement will be resolved.
What makes an agreement hard to challenge?
A court can set aside or replace property and spousal support terms that are significantly unfair, particularly where one spouse did not disclose significant property or debts, took advantage of the other, or the other spouse did not understand the agreement.
Full financial disclosure, independent legal advice for each person and enough time to consider the terms all make an agreement much more durable. Parenting and child support terms can always be reviewed based on the child’s interests.
Does it need to be witnessed?
To get the full protection of the Family Law Act for property division terms, the agreement should be in writing, signed by both spouses, and each signature witnessed by at least one other person.
How is it filed?
A written agreement can be filed with the court. Filing allows support terms, and certain other terms, to be enforced in the same way as a court order.
This guide is general information about the law in British Columbia. It is not legal advice, the law can change, and how it applies depends on your circumstances. The first consultation is free, so ask.