A negotiated agreement is a better way to deal with family matters than relying on a judge to decide them in a formal court case that is time-consuming and can be costly. Ideally, it is best to have separation agreements drafted by a lawyer. It is not a rule that separation agreements must be drafted by a lawyer, and couples have the right to draft their own agreements. If you decide to create your own separation agreement, it is important to review all your provincial requirements to know how to successfully draft an agreement that is enforceable and enforceable by the courts. It can be very difficult and costly to fight in court for unclear written agreements if a spouse stops abiding by the terms of your agreement. Your agreement may need to contain more issues than those discussed in this guide. To explore other issues and options, especially if your situation involves a complicated division of property, you should use the Continuing Legal Education Society of BC (CLEBC) Family Law Agreements: Annotated Precedents. Many people want to know how legal separation works. According to Statistics Canada, more than 840,000 people identify as separated from their spouses. In addition, nearly two million more people are divorced.

Divorce is the legal process of terminating a marriage. However, there are reasons why two people who don`t get along may decide to wait and not divorce. For them, separation could give them enough time to resolve their marital problems. You can reflect and decide whether the relationship can or should be safeguarded. This article contains some tips to make sure your legal separation is successful. A separation agreement can tell what happens to the family home. The spouses can decide whether a spouse keeps it, whether it is sold or whether another agreement is reached. Even if the apartment is in the name of one of the spouses, the other spouse may be entitled to a share of it. A collaborative practice approach can also be used to sort things out. Here, the couple and their lawyers agree to work together. You can negotiate an agreement. The couple and their lawyers sign a joint participation agreement that states that no one will go to court or threaten to do so.

If the collaborative negotiation process fails, spouses will need to hire new lawyers if they want to go to court. “My spouse and I just signed our separation agreement. We didn`t agree on everything, so it took us a while to set it up. We had the help of a family justice counsellor to develop parenting arrangements and support. After signing the agreement, we filed it with the family court because there is no registration fee. And it will be enforceable as a court order. I`m glad we did! Now we both understand what our rights and obligations are. The Legal Services Society (LSS), British Columbia`s legal aid provider, recently enhanced its dialogue tool, one of the interactive online journeys on the MyLawBC website. MyLawBC is designed to help you find solutions to common legal problems.

In this eNews, LSS explains how using the dialogue tool option can help a couple create a separation agreement. When you`ve both completed this step, the system will review your answers and those of your ex-spouse and create a custom separation agreement template that you`ll both need to complete. For both married and unmarried spouses, a separation agreement can include many family law issues, including whether a spouse should receive financial assistance – and if so, who should get it and how much. This is called spousal support. If you need a divorce, it is easier and more cost-effective to first get orders in Provincial Court regarding custody, access, guardianship and/or assistance. Then you can only file for divorce in the Supreme Court and settle property issues. Learn more about divorce and separation. How the Dialogue tool works The Dialogue tool helps you create a separation agreement that meets your family`s needs.

You make important decisions about your children, your money, your home, and other possessions. Once you both agree on every detail, you can upload a full separation agreement that you can both sign. Once signed, the agreement is legally binding, so it`s important for a lawyer to review the agreement before signing it. .