If you and your [spouse] are splitting up, it's a good idea to get a separation agreement. A separation agreement is a legal document that covers how you're going to deal with parenting, property, and child and spousal support.
Whether you're married or you’re living together (you might call it being in a common-law relationship), having an agreement often means you can settle your issues without ever going to court. You'll save yourselves time, money, and emotional upset, and you'll keep keep control of important decisions that affect your family.
Making an agreement
You and your spouse can make a written agreement (sometimes called a cohabitation or marriage agreement) while you're living together.
When you separate or divorce, you need to work out how you'll deal with parenting, support, property, and debt. BC family law encourages couples to make agreements to solve family law issues without going to court. If you've separated, it can be hard to talk to each other, but it's worth trying to sort things out together.
If you and your spouse can't work out an agreement together, there are people who can help you , including lawyers, mediators, and family justice counsellors.
Step-by-step guide to creating your own separation agreement. An agreement is a legal document that sets out how you and the other person have agreed to deal with things like parenting, support, and property after you separate.
Changing an agreement
If you and the other person agree about the change, you can just write a new separation agreement. If you don't agree, you'll have to get an order to change or set aside all or part of your agreement.
How to change an agreement that was made after separation to deal with issues of parenting, support, and/or property.
Enforcing an agreement
If the other person doesn't do what's in your parenting agreement, you can apply to enforce the agreement through the court.
If you don't follow a support order or agreement, or a parenting order or agreement, the court can take certain steps.
Filing an agreement
If you want, you can file your separation agreement with the Provincial Court or Supreme Court, or both. Filing your agreement can help if you think one of you might not follow what's in the agreement later. Choose a step-by-step guide below.