Separation Agreement

Separation Agreement

Separation agreements are a great way to make sure everyone knows their rights and responsibilities for issues including property division, child support, parenting time, and spousal support. Assuming you and your ex-spouse are both on-board, separation agreements allow you to have more control on how you want to navigate these types of issues.

Separation agreements are also a great way to settle matters outside of court and litigation. Going to court generally means more financial and emotional stress as compared to separation agreement.

A separation agreement needs to be signed by both parties, and it should be signed in front of one or two witnesses. The witness does not have to be a lawyer. Once the document is signed, it becomes a legally binding contract between the parties.

Separation agreements are legally enforceable. This means that the parties to the agreement cannot breach its terms and get away with it. If one party doesn’t follow the terms of the agreement, then the other party can go to court and ask for remedies, including enforcement of the terms.

You do not need to have a separation agreement before you can apply for a divorce. However, if you and your spouse have children, the court will not grant a divorce order without evidence that reasonable financial arrangements have been made for the children. The payor parent must be paying child support at the Table amount in accordance with the Child Support Guideline in order to satisfy a Judge that the Divorce Order should be granted unless the Judge is satisfied that other special arrangements have been made to support your children.

If you and your spouse do not have children and there are no property or support issues to be addressed, you may not need a separation agreement before you can apply for divorce.

Let’s talk about your legal rights and options

Case Studies

Inspiring Client Success Stories

Discover how our empathetic guidance and legal expertise have empowered clients through their divorce and separation journeys. Read their stories of transformation and find inspiration in their successes.

Karen got married in Alberta, had no children, separated, and moved to British Columbia 2 years after separation. By working together, Karen was able to save thousands of dollars in legal fees. She filed a Sole Application for Divorce in British Columbia and served her ex-spouse in Alberta.

Karen Clients

Ximena lived in a common-law relationship for 6 years. She separated and wanted to learn more about the possibility of seeking spousal support and its tax implications as taxable income. By working together, Ximena learned that there is no cost to file a claim for spousal support in the Provincial Court. She filled out and filed a Notice of Family Claim seeking spousal support.

Ximena Clients

Sonia was in a common-law relationship and separated 2 years ago. She has a son and never received child support from the father of her child. They both have a full-time job, and she has been paying for childcare expenses since separation. By working together, Sonia gained clarity about the process of seeking retroactive child support in British Columbia and started a family claim for child support and extraordinary expenses.

Sonia Clients