Separation Agreements

What is a Separation Agreement?

If you have separated from your spouse in British Columbia and you are able to agree on some or all outstanding issues, either on your own or with the help of a lawyer, a Separation Agreement may be an excellent option. A Separation Agreement is a legally binding contract that specifies how family issues are resolved. It usually specifies:

1. Whether support is paid and how much.
2. How support will be updated as life circumstances change.
3. How property is divided.
4. If there are children, how parenting time will be shared.
5. Whether pensions and investments will be divided.
6. If a house has to be sold or transferred, who will live there and who will have conduct of the sale or how a transfer will be completed.
7. How to account for other valuables or debt.

Our family lawyers in Victoria, BC, understand the importance of reaching fair and comprehensive Separation Agreements that protect the interests of all parties involved.

Customized Agreements to Suit Your Needs

Every separation is unique, and a one-size-fits-all approach does not suffice. Our experienced family law team will work closely with you to understand your specific circumstances, concerns, and priorities. We will draft a customized Separation Agreement that addresses all matters relevant to your unique situation. Sometimes, creative solutions can provide answers that a judge not contemplate or order. Our family lawyers will strive to create an agreement that reflects your needs and objectives while promoting a smooth transition during this challenging time.

Negotiation and Mediation

In many cases, spouses can reach mutually beneficial agreements through negotiation or mediation, avoiding the need for costly and time-consuming court proceedings. Our lawyers are skilled at negotiation and are often able to reach a conclusion. If necessary, we work closely with a number of local mediators who are skilled at resolving difficult issues that couldn’t be resolved by negotiation. Mediation can push a difficult negotiation over the line and result in a successful Separation Agreement, all while avoiding the time and expense of court.

Legal Review and Enforceability

It is essential to ensure that your Separation Agreement is legally sound and enforceable. A poorly drafted agreement could later be set aside by the courts, meaning terminated, causing unnecessary expense and stress. Our family law and divorce lawyers will carefully review the terms of the agreement to ensure compliance with the Family Law Act, the Divorce Act, and the common law. If there is any risk that an agreement may not be enforceable, we will discuss that risk with you, and empower you to make informed decisions about your future. Our goal is to create a robust and enforceable agreement that provides peace of mind and security for you and your family.

Please contact us to assist with any stage of your Separation Agreement.