Navigating Separation in B.C.: What to Include in Your Agreement

When a relationship ends, emotions run high, and the future can feel uncertain. For couples going through a divorce or separation in British Columbia, one of the most important steps toward clarity and stability is creating a separation agreement. This legal document outlines how you and your spouse will handle key issues like parenting, property, and support—and it can help you avoid costly and stressful court battles.

At Heritage Law Group, our experienced family lawyers are here to guide you through this process with compassion, clarity, and legal precision.

What Is a Separation Agreement?

A separation agreement is a legally binding contract between spouses who are separating or divorcing. It sets out how you will divide your responsibilities and assets, and how you will move forward independently. In B.C., there is no such thing as a “legal separation”—you are considered separated when at least one spouse decides the relationship is over and communicates that decision.

While you don’t need a separation agreement to get divorced, having one can make the divorce process smoother, especially if children or shared property are involved.

What Should Be Included in a Separation Agreement?

A well-drafted separation agreement should address the following key areas:

Parenting Arrangements

If you have children, your agreement should clearly outline:

• parenting time (when each parent will be with the children)

• parental responsibilities (decision-making about education, health, etc.)

• holiday and vacation schedules

• communication protocols

These arrangements should prioritize the best interests of the children and provide stability during a time of transition.

Child Support

The agreement should specify:

• who will pay child support

• how much will be paid and how often

• how additional expenses (e.g., extracurriculars, medical costs) will be shared

Child support must comply with the Federal Child Support Guidelines, and courts will not grant a divorce unless reasonable arrangements for child support are in place.

Spousal Support

Also known as alimony, spousal support may be included if one spouse is entitled to financial assistance after separation. The agreement should cover:

• whether support will be paid

• the amount and duration

• of the conditions for review or termination.

Division of Property and Debt

Under B.C.’s Family Law Act, each spouse is generally entitled to an equal share of family property and responsible for half of family debt. Your agreement should detail:

• how assets (home, vehicles, investments, pensions) will be divided

• how debts (credit cards, loans, mortgages) will be handled

• what happens to excluded property (e.g., inheritances, pre-relationship assets)

The Family Home

Whether you sell the home, one spouse keeps it, or you agree to a temporary arrangement (like nesting), your agreement should clearly state:

• who will live in the home

• who will pay the mortgage and utilities

• when and how the home will be sold or transferred

Why Work with a Lawyer?

While it’s possible to draft a separation agreement on your own, it’s strongly recommended to seek legal advice. A poorly written agreement can lead to future disputes or be challenged in court. At Heritage Law Group, we ensure your agreement:

• reflects your rights and obligations under B.C. law

• is fair, enforceable, and clearly written

• protects your interests now and in the future

We also offer mediation and collaborative law services to help you, and your spouse reach an agreement respectfully and efficiently—without going to court.

Let Heritage Law Group Help You Move Forward

Separation is never easy, but with the right legal support, it can be the first step toward a more secure future. Whether you’re just starting the process or need help finalizing an agreement, our team is here to help.

Contact Heritage Law Group today to schedule a consultation and learn how we can support you through your separation or divorce in British Columbia.