What Are Separation Agreements?

Separation agreements are family law agreements spouses can enter into after separation and can be the best solution when looking to reduce the costs of litigation and divorce.

The Purpose of a Separation Agreement

Legal separation agreement looks at and contemplates your past, present, and future situation, to provide you with a guide on how to move on, both financially and as a parent. Generally, separation agreements can resolve the following issues:

• Parenting time or Child custody;
• Child Support;
• Spousal Support;
• Property Division;
• Debt Division;
• Divorce
• Estate rights;
• Costs, etc.

Filing for Separation in Vancouver BC

Separation agreements are the least costly and best way of resolving your family law matters and require both parties to be reasonable and motivated to move on. Unfortunately, in many cases, one or both spouses are unreasonable and need to find closure for their emotional pains through litigation and court. This is not always a wise decision. However, sometimes this leaves them with no other choice than to litigate.

If you can reach an agreement on some or all of your matrimonial issues, you can easily enter into a comprehensive separation agreement. This will provide you with peace of mind, allowing you to move on with the next chapter of life.

What Are the Requirements of BC Separation Agreements?

Under the BC Family Law Act, separation agreements must at a minimum:

• Be in writing;
• Signed by both spouses; and
• Be witnessed (in some cases, courts have said spouses can witness each other’s signatures).

To have a strong agreement, the above requirements may not be sufficient to protect you from future issues that may arise. To ensure that your separation agreement covers all of the bases, you will need to follow several other steps such as:

Obtain Independent Legal Advice

Many separation agreements can be easily set aside because your ex may say they did not know what they were getting into, did not understand the law, or did not have an opportunity to obtain independent legal advice.

One of the most important things to uphold any agreement is independent legal advice. Make sure both you and your spouse obtain independent legal advice from your own lawyers before the time you are ready to reach an agreement. It is an investment that will put your mind at ease.

Full and Transparent Financial Disclosure

Entering into an agreement and failing to disclose the full details of your assets, property, income, and finances could allow your spouse to cancel or set aside the separation agreement in the future if they suspect you have lied or have hidden your assets.

Lack of Duress, Mistake, or Unconscionability

Simply put, this means that someone pressured you, took advantage of your lack of understanding of your legal rights, or any depression/mental illness to get you to sign the separation agreement. These are serious allegations and can be used to challenge or overturn the separation agreement, which can sometimes happen if accepted. Suppose both you and your spouse have independent lawyers overseeing the separation agreement process. In that case, this will ensure that neither can plead these as excuses to set aside separation agreements in the future.

How to Enter Into a Separation Agreement in Vancouver

There are several methods to help you reach an agreement and enter into a separation agreement. The process typically follows the steps below:

• Choosing private negotiation, mediation, arbitration, lawyer negotiation, or settlement conferences
• Recording all points of the agreement on paper — basically the skeleton points and signing off on them;
• Providing the recording to your family lawyer and having them draw up a separation agreement;
• Showing the agreement to your spouse or his or her lawyer to sign;
• Filing the agreement with the courts once all parties sign the agreement.

A separation agreement is an all-encompassing, 20-30 page document that deals with matrimonial issues from the past, present, and future. It can sometimes protect you more than a Court Order can, as it looks at different past and future scenarios, providing resolutions on all issues that may be current or may arise in the future.

Benefits of a Separation Agreement

Separation agreements do not solely deal with money and custody. They are used to set definitions and guidelines on how to manage your future affairs, For example, in the event that you pass away, your estate will not go to your ex, or if your ex decides to challenge the agreement, they will be responsible for paying your fines and penalties and also solidify and finalize agreements on spousal support and property division. These are the most cost-effective and best ways to protect your present and future rights.

What Does a Separation Agreement Deal With?

A separation agreement deals with a host of issues, including but not limited to:

• Property Division – it provides a detailed approach on how to value property, how to divide it, whether to sell it or buy it out and how to pay for expenses associated with the division of property.
• Debt Division – it provides an approach on who is responsible for what debt at the time of separation and how to deal with future debt arising after separation.
• Spousal Support – who pays for who and for how long? A spouse may agree to pay periodic or lump sum spousal support and be released from any future claims regarding spousal support. In some circumstances, both spouses can give up all claims for spousal support.
• Child Support and Custody – it can provide an outline on who is to care for the children, what day/times, decision makings on behalf of children, incomes, and child support payable.
• Divorce and Costs – it provides for who may apply for divorce, who should pay for the divorce, what happens if disputes arise from the matrimonial issues, etc.
• Wills and Estates – it provides for what happens when one of the spouses dies. Usually, the separation agreement protects the dying spouse from giving part or all of his/her estate to the other spouse.

And much more.

To learn more about the settlement process and how to reach a separation agreement, contact our award-winning Vancouver, BC family lawyers by calling 604-974-9529 or get in touch with us here.