Marriage breakdown and separation agreements

Sometimes a marriage does not work out.  If you feel like your marriage isn’t working any more, there are some steps you can take to put an end to it.  The first step you can take to ending a marriage is for you and your spouse to separate.

You can separate by leaving the family home or asking your spouse to leave.  If you and your spouse both stay in the family home, you can still separate by living separate lives in the same home.  For example, you could stay upstairs with your own entrance while your spouse lives downstairs with a different entrance.   

However, even if you are separated from your spouse, you are still married until you get a legal divorce.

What is a separation agreement?

Sometimes people find that a simple separation isn’t good enough because they need to come to a formal legal agreement about things that affect the children or the family property.  In this case, you can enter into a separation agreement with your spouse.

• In a separation agreement, you and your spouse set out in writing what you’ve agreed to do about a number of important family matters.  These include:

• Who will take care of the children on a daily basis?  This is called custody.

• When will the parent who is not taking care of the children on a daily basis get to spend time with the children and for how long?   This is called access.

• Who will pay for the things the children need, such as food, clothing, and school fees?  This is called child support.
• How much should one spouse pay the other for living expenses? This is called spousal support.

• How should the family property be divided between the two spouses?  Family property includes things like the family home, autos, money in bank accounts, and pensions.

How should the family debts be divided?  The debts can include the mortgage, money owed on credit cards, and other bank loans. 

How do I make a separation agreement?

You and your spouse can make a separation agreement without any outside help if you wish. You can start working on an agreement about children, support, or property as soon as you separate.

If you and your spouse can not agree about the things normally covered by a separation agreement, you can seek the help of a mediator.

The job of a mediator is to help you and your spouse come to an agreement about the things covered by a separation agreement.  There are Family Justice Centres operating across the province, staffed by mediators who can assist you with issues related to your separation. They provide services free of charge. To contact a Family Justice Centre near you, call Enquiry BC and ask the operator to transfer you.

In Greater Victoria,
call 250-387-6121
In Greater Vancouver,
call 604-660-2421
Elsewhere in BC,
call toll free 1-800-663-7867

Before you agree to the terms of your separation, take some time to think about it, and have a lawyer look at it before you sign it.

THIS PROJECT IS MADE POSSIBLE THROUGH FUNDING FROM THE GOVERNMENT OF CANADA AND THE PROVINCE OF BRITISH COLUMBIA