Family Agreements After Separation in British Columbia

Family agreements after separation in Western Canada BC

Separating from a spouse involves many important decisions that have consequences for those around you, especially if there are children from your marriage or common-law relationship.

You will need to decide how will you take care of the children, how property and debt will be divided, whether support payments are due, and so on.

At emotional times like this, it can be challenging. The guidance and support of a family lawyer can help you and your spouse agree on the terms of the separation and draw up an appropriate agreement to formalize these terms.

Family agreements can help you resolve family law issues without going to court — and this is encouraged under BC laws because it can save time, money, and stress.

Bear in mind that there’s no such thing as a “legal separation” in British Columbia. To separate from your spouse, no judge or lawyer needs to be involved — unlike with a divorce.

If you do separate, make a note of the date as this will be important when you discuss the terms of your separation agreement (for property division, support, etc.)

Do you need a separation agreement to get divorced in B.C.?

In B.C., a separation agreement is not required to get a divorce but the court will want to see evidence that you have made adequate financial arrangements for your children before granting a divorce.

In most cases, the two parents can work this out and formalize the arrangement in a separation agreement, along with other matters. It helps to set out the terms of the separation and avoid a long, contentious, and expensive divorce process.

If you don’t have children and there are no property, debt or support issues, you may not need a separation agreement — but it can help you get an uncontested divorce, which is usually quicker and less expensive than a contested divorce.

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