Separation Agreements


Crossroads

Who can help you

Our BC Lawyers would be happy to help you with your family law needs:

Jaime Boyle
Daniel K. Lo
Keith Martens

Found yourself facing a separation, or in the middle of a separation? A separation agreement could help clarify issues for you.

What is a Separation Agreement?

A Separation agreement is a legal document that sets out an agreement about how to divide assets, apportion debt, allocate parenting time, determine child support, spousal support and more.

Separation agreements may can be broad in scope, or limited.

Separation agreements can help spouses settle their affairs so they can move on with the next phase of their lives in a positive, constructive way.

When do I need a Separation Agreement?

Separation agreements are useful in a wide range of situations, including:

  • you and your spouse have separated
  • you and your spouse are thinking about separating
  • you and your former spouse have been separated for a while, and want to divorce
  • you and your former spouse want to sell an asset, such as a house or a char
  • you and your former spouse want to split assets, like pensions or RRSPs
  • you and your former spouse want to deal with corporate assets
  • you are taking your spouse’s name off title to your home and want to avoid Property Transfer Tax
  • you and your former spouse are living in separate homes, and you each want to claim Home Owner Grants;
  • you want to set out intentions and agreements around parenting and spousal support

Separation agreements can also be useful in a psychological sense – they allow you to work through some of the issues that need to be resolved between spouses before they begin again. While they can’t resolve all psychological or emotional issues, they can certainly help provide closure, and lay the ground rules for your ongoing, post-spousal relationship.

You may also wish to ensure that whatever agreement you reach with your former spouse is beneficial to you, legally sound, and that it protects your present and future rights. Working with a lawyer ensures that the agreement is reasonable, fair, and respectful of your legal needs.

But I don’t want to get into a fight!

Fighting with your spouse can be devastating. People will often do unwise or extreme things just to avoid conflict, including leaving with no discussions, or waiving all their rights just to get out of the discomfort. Often people will do these things even before a conflict arises, just so they never have to actually live through a conflict.

Working through a separation agreement process doesn’t have to be a knock-down, drag-out fight. In fact, fighting this way is counter-productive to coming up with a lasting, effective agreement.

So how do you get a separation agreement drafted without the drama?

We can help you with mediation or other collaborative approaches to dealing with family law. In fact, we will encourage alternative forms of dispute resolution. Courts are expensive, time consuming, and emotionally draining. Cases often takes years to be heard by a judge, who will often find a middle ground themselves.

And if it comes down to a fight?

If we are unable to find a way to help you and your former spouse come to a mediated agreement, we will refer you to an appropriate family law litigation specialist.

Talk to any one of our offices about the advantages a multi-disciplinary practice offers, and to book an initial consultation.