Separation agreements.
We draft separation agreements that are built to last, designed to be enforceable, and tailored to your circumstances, without the cost and delay of court.
Two sides of every agreement.
The terms
What the agreement settles.
Property and debt
How the family home, investments, pensions, business interests and joint debt are divided between the spouses.
Parenting arrangements
Parenting time, decision-making responsibilities, holidays, relocation rules and how the spouses will communicate.
Child support
Table amounts under the Federal Child Support Guidelines, section 7 expenses, and how support changes as incomes change.
Spousal support
Whether support is paid, how much, for how long, and what events trigger a review or end it.
Enforceability
What keeps it from being set aside.
Full financial disclosure
Each spouse must disclose their assets, debts and income accurately. An agreement made without it is at risk of being set aside.
Voluntary signing
Both spouses must sign freely, without pressure, and understand what they are agreeing to.
Independent legal advice
Each spouse should have their own lawyer review the agreement. A certificate of independent legal advice shows it was done.
Terms for children stay reviewable
A court can always review terms about parenting and child support, and will apply the best interests of the child.
Precise terms on every issue.
We draft agreements for spouses who want certainty, and review agreements drafted by the other side before you sign.
Property and debt division
The family home, investments, pensions, RRSPs, business interests and excluded property, addressed precisely. Joint debt and mortgage liability included.
Child support
Table amounts under the Federal Child Support Guidelines, section 7 special expenses, and variation provisions tied to changes in income and circumstances.
Spousal support
Quantum and duration advice based on the Spousal Support Advisory Guidelines, with review triggers and termination provisions built in.
Parenting arrangements
Detailed parenting schedules, decision-making frameworks, holiday provisions, relocation rules and communication expectations, clearly set out.
Independent legal advice
We provide independent legal advice and certificates where required, and review agreements drafted by the other side before you sign.
Financial disclosure
Full and accurate disclosure is required for an enforceable agreement. We guide you through what is needed and how to document it.
From first call to resolution.
- 01
Book a consultation
We review your situation, explain your options under BC law, and advise on the best approach for your circumstances.
- 02
We draft the agreement
We prepare a comprehensive, enforceable draft tailored to your property, support and parenting situation.
- 03
Review, negotiate, sign
Both spouses review with independent legal advice, negotiate any outstanding terms, and sign a binding agreement.
Questions we hear.
Is a separation agreement legally binding?
Yes. A written agreement signed by both spouses is binding under the Family Law Act. A court can set aside terms on property division only in limited circumstances, such as a failure to disclose or terms that are significantly unfair.
Do we both need a lawyer?
Each spouse should have independent legal advice. It is not always a legal requirement, but it makes the agreement far more likely to hold up, and we provide certificates where required.
Can a separation agreement be changed later?
Yes, if both spouses agree in writing. Support terms usually include review or variation provisions, and a court can vary terms about children where circumstances change.
Is it the same as a divorce?
No. A separation agreement settles property, support and parenting. A divorce ends the marriage and requires a court order, and the agreement can be referred to in that process.
What if the other side already sent me a draft?
Do not sign it before getting advice. We review agreements drafted by the other side, explain what each term means for you, and negotiate changes.
Do we need to go to court?
Not for an agreement that both spouses accept. Most matters are resolved through negotiation or mediation, and a signed agreement avoids a court hearing on the issues it covers.
Ready to move forward.
Book a confidential consultation to discuss your separation agreement.
Book a consultation