A SEPARATION AGREEMENT is a written agreement between two parties that sets out the terms of their separation. In British Columbia, separation agreements are legally binding contracts that are enforceable in court. They can be used to settle a wide range of issues arising from separation, including property division, spousal support, child custody, and other matters.
A separation agreement is a way for separated or divorcing couples to resolve their differences in a constructive and orderly manner. Without a separation agreement, disputes over property, support, and other issues may need to be resolved through the courts, which can be time-consuming, costly, and emotionally draining. A separation agreement can also provide a clear understanding of the rights and obligations of each party, reducing the risk of future disputes. It is important to disclose all assets and liabilities while negotiating the separation agreement to ensure that the terms of the separation agreement are fair and reasonable.
Drafting a family law separation agreement can be a complex process, and it is important to seek the advice of a qualified lawyer. A lawyer can help you understand your rights and obligations under the law and can ensure that your separation agreement is legally binding and enforceable.
British Columbia is a “family property” jurisdiction, which means that family property is divided equally between spouses upon separation or divorce. Family property is defined as all property acquired by either spouse during the marriage, including real estate, personal property, and investments. There are some exceptions to this rule, such as property that was acquired before the marriage or property that was acquired by gift or inheritance – excluded property. A separation agreement can be used to divide family property between spouses in a way that is fair and equitable.
Spousal support is financial support paid by one spouse to the other following separation or divorce. In British Columbia, there is no automatic entitlement to spousal support. The amount and duration of spousal support will depend on the specific circumstances of each case, including the length of the marriage, the income and earning capacity of each spouse, and the standard of living enjoyed by the family during the marriage. A separation agreement can be used to set out the terms of spousal support, including the amount and duration of support.
Parenting arrangements: parenting time, parental responsibilities, and child support are two of the most important issues that arise from separation or divorce. In British Columbia, the best interests of the child are the paramount consideration in any decision regarding parenting arrangements and child support. A separation agreement can be used to set out the terms of parenting arrangements and amount of child support and s. 7 expenses for the children to be paid by one parent to the other. It is important to note that child support is a right that belongs to the child, not to the parents, and cannot be waived by either parent.
Enforcing: If one party fails to comply with the terms of a separation agreement, the other party can seek enforcement of the agreement through the courts. The party seeking enforcement must show that the agreement is valid and binding, that the other party has breached the agreement, and that damages have been suffered as a result of the breach. The court can order specific performance of the agreement, which means that the party in breach must comply with the terms of the agreement, or can award damages for any losses suffered by the other party as a result of the breach.
