Separation agreements

A common question that people ask about separation is: "Where do I find the forms to get a legal separation?" The short answer to this question is: there are no forms for getting a separation. All that is required is the intention on the part of one or both spouses to end the marriage. In most cases, one spouse leaves the family home or declares that the marriage has ended. There are no legal documents to sign or file in court. Separation is not divorce, which is the legal end of a legal marriage. A person can stay separated indefinitely, without divorcing.

The following website gives an overview of what's involved in separation:

• JP Boyd's BC Family Law Resource — Marriage and Divorce > Separation

When people talk about a "legal separation," they usually mean that there is a written separation agreement. Although a separation agreement is not required in order to separate, it is a good idea to have one. A separation agreement is a contract between you and your spouse that spells out what both of you have agreed to about the issues arising from your separation, such as:

• child custody, guardianship, and access
• support payments
• who gets the family home
• division of property
• payment of family debts, such as a home mortgage or credit card balances

You can draft a separation agreement yourself or together with your spouse. The following online resources provide general guidelines and suggestions for drafting a separation agreement:

• LawLINK: Family — Separation and Divorce
• JP Boyd's Family Law Resource — Family Agreements > Separation agreements
• Ministry of Attorney General — Family Justice — What is the best way to settle all the issues surrounding our separation?
• Legal Services Society — Living Together or Living Apart: Common-Law Relationships, Marriage, Separation, and Divorce (booklet) (See page 7.)

A kit called Separation Agreement (Self-Counsel Press, 3rd edition) will take you through the process of drafting a separation agreement. You can order it online from the Self-Counsel Press website or buy it at many bookstores and stationery stores. It contains completed samples of separation agreements, blank separation agreement forms that you can use, and a CD-ROM with blank separation agreement forms that can be filled in on a computer.

Before signing a separation agreement, you and your spouse should get legal advice to make sure your rights and interests are protected (see legal advice).

Filing your separation agreement in court

You can file the signed separation agreement with a court, which you can then ask to enforce the provisions about child custody, guardianship, and access.

If you file the agreement at a Supreme Court, both you and the other party need to fill out Form 90 and file it at the registry, along with your agreement.

If you file the agreement at a Provincial Court, you must fill out Form 28 and file it at the registry, along with your agreement.

If you have a lawyer, he or she can advise you about which court would be appropriate.