A separation agreement can be helpful for partners or parents considering divorce or who have already separated, making it easier to divide financial and parental responsibilities to minimize the fallout for affected parties. It can also help them work out their differences and agree on the terms of their separation.
This is why, in family law, this agreement is a contract between a husband and wife that details how they will live apart and handle financial matters during the end of their relationship. The agreement should include provisions for child custody, visitation, child support, spousal support, division of property, and division of debts.
Defining Separation
Per BC law, a spouse is someone either:
- Married.
- Lives together with a partner like in a marriage.
- Has been so for at least two years.
- Or has been so for less than a year and has had a child.
Marital separation occurs when they:
- Decide their relationship has ended.
- Tell the other person about it.
- Act like the relationship is over.
Interestingly enough, spouses don’t need to agree for separation to occur. It can happen when the other party initiates it. Separation usually means that a couple is no longer together. This could be because they divorced or simply ended their relationship. When a couple separates, they usually stop doing things together, like eating, sleeping, and doing chores. They may also stop going out together.
In BC, there is no need to go through any legal processes or sign documents to separate from your partner. All you need to do is split up. If you plan on divorcing, you should keep track of your separation date. This data can affect your rights when dividing property, debt, and support.
The Importance of Separation Agreements
A separation agreement is a legally recognized contract between a father and mother or two partners with children that details how they will live apart. The agreement can cover many different family law issues, including spousal support. Spousal support is when one spouse gives financial help to the other. The agreement will contain provisions and parameters such as:
- The parents will have to provide financial support for their children; this is typically called child support.
- Parenting arrangements are the plans parents make for how they will care for and share time with their children. This can include how often the children will see each parent, what kind of contact the children will have with each parent, and who will make decisions about the children’s care.
- The custody agreement should state who the children should live with and how childcare decisions will be made.
A separation agreement also aligns both parents regarding how they will raise their children. This includes where the children will live, which parent will make decisions about their education and health, and how much time the other parent will spend with the children. Parents can make their parenting plan or ask a court to make one for them since it is legal, enforced by law, and much cheaper than resolving family disputes through court.
Practice Family Law Right with Pathfinder
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