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 that there are no such forms. To be considered separated, all you need is for at least one spouse to intend to end the marriage. In most cases, one spouse leaves the family home or tells the other spouse that the marriage has ended. There are no legal documents to sign, and you don't need to go to court. Separation is not divorce, which is the legal end of a legal marriage. A couple can stay separated for the rest of their lives without divorcing.

For an overview of the issue, see JP Boyd's BC Family Law Resource page on separation.

What is a separation agreement?

When people talk about a "legal" separation, they usually mean that the spouses have signed a separation agreement, a contract between spouses that says what they've agreed to do about issues such as:

  • child custody, guardianship, and access
  • support payments
  • who gets the family home and how other property (including money) will be divided
  • how to pay family debts, such as a home mortgage or credit card balances

You don't have to have one of these agreements to be considered separated, but it's a good idea to make one. When you file an agreement with the court, the parts of it that deal with custody, access, guardianship, and (in the Supreme Court) support have the same force as a court order.

Tip: You can also file one of these agreements if you're getting divorced, not just separating. It could be a convenient way to settle your issues without having to go through the court process.

How to write a separation agreement yourself

You can draft a separation agreement yourself or together with your spouse. For general guidelines and suggestions, see these online resources:

There’s also a kit called Separation Agreement (Self-Counsel Press, 3rd edition) that takes you through the process. You can order it online from the Self-Counsel Press website or buy it at many bookstores and stationery stores. It has completed samples of separation agreements, blank forms that you can use, and a CD-ROM with blank forms that you can fill out using a computer.

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

Filing your separation agreement with the court

If you file an agreement in Provincial Court, the provisions about child custody, guardianship, and access have the same force as if a judge had ordered them (in other words, you can ask the court to enforce those provisions later if you need to). To file your agreement, fill out a Consent to File Agreement (Form 28) and bring it to the Provincial Court registry with your signed agreement.

To file your agreement in Supreme Court, take a signed copy to the registry and ask to have it filed. The provisions about custody, guardianship, and support will then be enforceable by the court. You will have to pay a fee of $30.

According to the BC Family Relations Act, the term "spouse" applies to the members of a same-sex or opposite-sex couple, married or in a common-law relationship. For the purpose of getting spousal support, if the parties are not married, they must have lived in a marriage-like relationship for at least two years and one party must apply for support within one year after they stop living together.
Can refer to where and with whom a child lives, or where a child lives and the rights and responsibilities of a parent regarding the child in his or her care.
The responsibility for making major decisions for children about such things as what kind of education, health care, or religious training they will receive, and how to manage anything the children may own, such as property or money.
Generally means the time children spend with the parent they do not usually live with. However, access is not limited to the parent who does not have custody — any person can apply for access to a child (including grandparents, aunts and uncles, and other relatives).
Money paid by one party to the other party as financial support. Support can be paid for a former spouse or for any or all children.

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