Frequently Asked Questions about Separation Agreements in BC:
Q: Is a signed separation agreement the same as a divorce?
A: No. If the parties are registered as married, a divorce requires a court order. There are three ways to prove the breakdown of the marriage: separation for at least one year; infidelity; and domestic violence.
Q: Does one party need to move out of the common residence for the separation to take effect?
A: No, it does not. However, one party needs to notify the other party of the decision to separate and demonstrate this in their behavior.
Q: What use is a separation agreement to me if I am considering separation?
A: A Separation Agreement can be used to confirm in writing some of the possible points of contention before obtaining a court order. For example:
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Whether both parties are entitled to continue to live in the dwelling
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Whether and when the dwelling will be sold
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Where the children will live
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Custody of the children
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Whether alimony, maintenance will be paid. How much will be paid?
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Division of family property and debts
A separation agreement is usually quicker and cheaper than litigation. A separation agreement is also legally binding.
Q: How much does it cost for a lawyer to draft a separation agreement?
A: The cost depends on the complexity of the situation you are facing and the time it takes to draft the agreement, a rough estimate of the cost will be provided based on your specific circumstances; to save you money, try to prepare the following necessary documents before meeting with a solicitor:
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Tax returns
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Pay stubs
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Pay stubs, payrolls, housing and mortgage related documents
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Documents related to pensions, insurance, investments, bank savings.
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Documents relating to debts