Why Sign a Separation Agreement?

When couples talk about separating or divorcing, lots of promises are made. But what if someone changes their mind? That’s where a separation agreement comes in. Putting everything in writing is the best way to make sure both sides keep their word—and avoid future drama.

Common Questions About Separation Agreements

Q: Can we solve everything without a court order?
A: Yes—except for the actual divorce itself (which needs a court order), most family law issues in BC (like parenting, support, and property division) can be decided by mutual agreement and put into a separation agreement.

Q: Do oral promises count?
A: Only if both people keep their word. If someone backs out, a handshake deal isn’t usually enforceable in court. That’s why written agreements are so important.

The Legal Power of a Separation Agreement

A well-drafted separation agreement lets you decide what’s best for your family, on your own terms—without waiting for a judge. Courts usually respect your deal, unless it’s extremely unfair or made under suspicious circumstances.

But:
If one person hides assets, was pressured, or didn’t get proper legal advice, the court might overturn or change the agreement later.

How to Make Sure Your Agreement Stands Up

1. Full disclosure: List all assets and debts. Attach a schedule with details—house addresses, values, purchase dates, mortgages, loans, everything.

2. Independent legal advice: Each spouse should get their own lawyer to review the deal before signing.

3. Sign in front of witnesses: Ideally, with your lawyers present.

Pro tip: If your situation is simple, you might use a template—but always have a lawyer check it. If there’s anything complex (like property, kids, or overseas assets), get the agreement drafted by a lawyer.

What Goes Into a Separation Agreement?

1. Arrangements for Children

Guardianship:
Both parents should usually be legal guardians. If only one parent is the guardian, the other can lose all decision-making rights—even in the future.

Parental Responsibilities:
Who makes the big decisions (school, health, where the child lives)? Most of the time, this is shared. If there’s a dispute, the court will look at the child’s best interests.

Parenting Time and Holidays:

• Where does the child primarily live?
• What’s the schedule for time with the other parent?
• How are vacations and special days (Mother’s Day, birthdays) divided?
• What’s the rule for out-of-province or international travel?

Warning:
Don’t take your child out of Canada without the other parent’s consent—a judge can order you to bring them back, and failing to comply could even be considered abduction.

Child Support and Special Expenses:

• How much is paid?
• Who covers extras like daycare, lessons, or medical costs?

2. Spousal Support

• How much?
• For how long?
• Lump sum or monthly payments?
• Tax note: Ongoing monthly payments must be reported to CRA.

3. Property and Debt Division

Who keeps the home?

• When must the other move out?
• How are mortgages, titles, and debts handled?

Other assets:

• Cars, pensions, RRSPs, business interests
• Overseas assets: What gets transferred, when, and how?
• If you can’t transfer property immediately, set up a trust and arrange for power of attorney so assets can be moved later without needing both signatures

Debts:

• Who’s responsible for what?
• What about money owed to parents or family?

Joint accounts and credit cards:

• How will these be divided or closed?

Inheritance:

• After separation, spouses typically lose the right to challenge the other’s will or estate.

FAQ: Using Templates and Sharing Lawyers

Q: Can I use an online template?
A: Maybe—for very simple cases. But it’s always safest to have a lawyer review it.

Q: Can we use the same lawyer?
A: No. It’s a conflict of interest. Each spouse must have their own independent legal advisor.

Tips for a Strong Agreement

• Always list all property and debts, including overseas assets
• Get your own legal advice
• Be specific and detailed in your terms
• Remember: The best agreements protect both parties and the kids

When Courts Will Step In

Courts will only interfere with your separation agreement if:

• Someone hid assets or lied
• One person was pressured or bullied
• Someone didn’t get legal advice and didn’t understand what they signed

Professional Advice

Always consult a BC family lawyer to help draft or review your separation agreement, especially for anything involving property, kids, or complicated finances.

Contact George Lee Law for BC Separation Agreements

We help families create clear, fair, and enforceable separation agreements—no matter how simple or complex your situation.

Languages: English, Mandarin Chinese, Cantonese
Phone: 604-681-1611
Email: info@gleelaw.com
Website: gleelaw.com

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This article provides general information about BC separation agreements. For legal advice tailored to your situation, consult a qualified BC family lawyer.