A separation agreement is a written contract between you and your partner about how you’ll handle divorce or separation. It covers property, debt, support, and parenting arrangements. Once you both sign it, it becomes a legal agreement that either of you can enforce.
What a separation agreement includes
A separation agreement typically covers:
- How family property and debt are divided
- Whether one person pays spousal support, and how much
- Child support amounts
- Parenting arrangements and schedules
- Special expenses for the children
- Insurance and benefits
- Tax and pension considerations
The agreement can be as detailed or as straightforward as you need it to be. Some couples spell out every detail; others keep things simple.
An agreement avoids court and keeps you in control
When you both agree and sign an agreement, you don’t need a judge to make decisions for you. You avoid courtroom costs, delays, and the stress of having a stranger decide what happens to your family and finances.
An agreement also means you both have a say in the outcome. A judge will order what the law says is fair, but you and your partner know your situation best.
You each need legal advice
The law in BC requires that you each get independent legal advice before signing. This protects you both. Your lawyer reviews the agreement, makes sure you understand it, and confirms you’re not being pressured.
It might feel like an extra step, but it’s actually a safeguard. An agreement where both people have had legal advice is much harder to challenge later.
Changing an agreement later
Once you sign, an agreement is binding. You can both agree to change it if circumstances shift—a job loss, a child moving, a change in needs. But one person can’t unilaterally change it.
You can apply to a court to change child support or spousal support if there’s been a material change in circumstances, like a significant income change or a child turning 19.
The strongest agreements are the ones where both people felt heard and understood what they were signing. That’s why we work to make sure you’re comfortable with every part of yours.