Separation often brings a long list of decisions.
You may need to think about parenting arrangements, child or spousal support, property, debt, and what will happen to the family home. Even when both people want to resolve things cooperatively, it can be difficult to know where to begin.
At Dreyer and Associates Family Lawyers, we help individuals and families throughout Langley, Surrey, the Fraser Valley, and the Lower Mainland understand their options after separation.
With more than 90 combined years of legal experience, our goal is to provide clear, practical guidance during what can be a stressful transition.
What Is a Separation Agreement in BC?
A separation agreement is an agreement between spouses who have separated, or who are about to separate, that addresses some or all of the legal issues arising from the end of their relationship.
A separation agreement may deal with:
- Parenting arrangements
- Child support
- Spousal support
- Family property
- Family debt
- The family home
- Pensions and investments
- How future disagreements will be addressed
The Government of British Columbia explains that separating spouses can make agreements about one family law issue or several issues together. It also recommends obtaining legal advice before signing an agreement.
If you are considering an agreement, Dreyer and Associates can assist with Family Law Agreements tailored to your circumstances.
Why Put a Separation Agreement in Writing?
A written agreement creates a clear record of what both people have agreed to. This can reduce confusion later about parenting schedules, support payments, property, or other responsibilities.
The BC government notes that written agreements concerning parenting time, contact, child support, and spousal support can also be filed with the court and enforced in a similar way to a court order.
Putting an agreement in writing does not mean you expect conflict. It can simply give both people a clearer understanding of their responsibilities moving forward.
What Can a Separation Agreement Cover?
Every family is different, so there is no single separation agreement that works for everyone.
The issues included will depend on your children, finances, property, relationship history, and future plans.
Parenting Arrangements
If you have children, an agreement may address where they will spend their time and how important decisions will be made.
Parenting terms may cover:
- Weekday and weekend schedules
- School holidays and summer vacations
- Transportation between homes
- Medical and educational decisions
- Extracurricular activities
- Travel with the children
- Communication between guardians
Under the BC Family Law Act, parenting arrangements must be based on the child’s best interests. No particular parenting arrangement, including equal parenting time, is automatically presumed to be best.
For more information, visit Dreyer and Associates’ Parenting Issues services.
Child and Spousal Support
A separation agreement may also address financial support.
For child support, the agreement could set out the monthly payment amount, how special expenses will be shared, when income information will be exchanged, and how support will be reviewed.
Spousal support is different. There is no automatic entitlement to spousal support after every separation. Entitlement and the amount or duration of support depend on the circumstances of the relationship.
Dreyer and Associates provides guidance regarding both Child Support and Spousal Support for families throughout Langley, Surrey, and the Fraser Valley.
Property and Debt
Property division can be one of the more complicated parts of a separation agreement.
You may need to address:
- The family home
- Bank and investment accounts
- RRSPs and pensions
- Vehicles
- Business interests
- Mortgages
- Lines of credit
- Credit cards and other debts
Some property may also be treated differently under BC law, including certain property brought into the relationship, inheritances, or gifts.
Before agreeing to divide property or take responsibility for debt, it is important to understand what assets and liabilities exist and how BC family law may apply to them.
Why Financial Disclosure Matters
A separation agreement should be based on accurate financial information.
Before settling property or support issues, spouses may need to exchange documents such as:
- Income tax returns and notices of assessment
- Bank and investment statements
- Mortgage and loan information
- Pension information
- Business records, where applicable
- Information about significant assets and debts
This allows both people to understand the financial picture before making decisions.
Incomplete financial disclosure can also affect the legal strength of an agreement in some circumstances. Taking the time to gather reliable information can help prevent problems later.
Should You Get Independent Legal Advice?
The BC government specifically recommends getting legal advice before signing a family law agreement.
Your lawyer can help you understand:
- Your legal rights and responsibilities
- Whether important issues have been overlooked
- What the agreement requires you to do
- Whether sufficient financial disclosure has been provided
- How support provisions may affect you
- What rights or claims you may be giving up
- What could happen if circumstances change
Independent legal advice gives each spouse the opportunity to speak with their own lawyer and understand the agreement before making it final.
Can a Separation Agreement Be Changed Later?
A separation agreement may sometimes be changed, but you should not sign one assuming it will be easy to revise later.
Family law agreements are intended to provide certainty.
Different legal rules apply depending on whether the issue involves property, support, or parenting arrangements. Parenting arrangements, for example, must continue to meet the child’s best interests. A court can replace parenting terms that no longer meet that standard.
The better approach is to review the agreement carefully before signing and make sure the terms reflect your current circumstances as well as foreseeable changes.
Common Mistakes to Avoid Before Signing
A separation agreement can have long-term consequences, so it is worth slowing down before making it final.
Some common concerns include:
Signing Before Financial Information Is Complete
It is difficult to make an informed decision about property or support if you do not know the full financial picture.
Using a Generic Agreement
Online templates may not address your family’s particular circumstances, especially if you have children, property, pensions, a business, or complex support issues.
Leaving Important Terms Unclear
Terms such as “reasonable notice” can create confusion if both people understand them differently.
Where possible, agreements should clearly explain what each person is expected to do.
Feeling Pressured to Sign
Wanting the separation process to be over is understandable, but you should have enough time to read the agreement, ask questions, and understand its consequences.
Skipping Independent Legal Advice
Even a cooperative separation can involve significant legal and financial decisions. A lawyer can help you understand what the proposed terms mean for you.
What If You Cannot Reach an Agreement?
Not being able to agree immediately does not necessarily mean you need to go to court.
Depending on your circumstances, options may include negotiation, lawyer-assisted negotiation, mediation, or court proceedings.
Family mediation can give separating spouses a structured setting in which to discuss issues such as parenting, support, and property. A mediator acts as a neutral third party and helps the participants work toward possible solutions.
Dreyer and Associates provides Family Mediation services for families who may benefit from this approach.
Mediation and independent legal advice can also work together. You may speak with your lawyer before mediation, obtain advice as questions arise, and have a proposed agreement reviewed before signing.
Separation Agreements in Langley, Surrey, and the Fraser Valley
The goal of a separation agreement is not to simply sign an agreement quickly. It is to create terms you understand and that appropriately address the issues affecting your family.
Dreyer and Associates Family Lawyers assists clients with Divorce and Separation, family law agreements, parenting issues, support, property matters, and mediation throughout Langley, Surrey, and the Fraser Valley.
If you are preparing, negotiating, or reviewing a separation agreement, contact Dreyer and Associates Family Lawyers to discuss the next steps for your circumstances.
Disclaimer: This article is intended for general information only and does not constitute legal advice. For advice specific to your situation, please contact Dreyer and Associates Family Lawyers.
