Separation Agreements

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Separation Agreements in Vernon, BC

A separation agreement sets out the terms of your separation in a clear, legally binding document. It allows couples to resolve important issues without going to court, while protecting their rights and creating certainty for the future.

At Kidston Helm Ross, our family law lawyers help clients negotiate and prepare separation agreements that reflect their specific circumstances and comply with British Columbia law.

What a separation agreement can cover

A well-drafted separation agreement can address:

Division of family property and debt
Spousal support
Parenting time and decision-making responsibility
Child support
Use or sale of the family home
Other financial and practical arrangements arising from separation

Every family situation is different. We take the time to understand your goals and concerns so the agreement is clear, fair, and built to last.

Negotiation and mediation

Many separation agreements are reached through negotiation between lawyers or through mediation. Resolving matters outside of court often reduces stress, saves time, and lowers legal costs. We work to find practical solutions that protect your interests and provide stability for you and your family.

When court becomes necessary

If an agreement cannot be reached, our lawyers are prepared to represent you in the Provincial Court of British Columbia or the Supreme Court of British Columbia. Even when litigation is required, we continue to pursue resolution where possible.

Independent legal advice

For a separation agreement to be enforceable, each party should receive independent legal advice. We review draft agreements, explain your rights and obligations, and ensure you understand the long-term implications before signing.

If you are considering separation or have already separated, our family law team can help you understand your options and move forward with clarity and confidence.

Questions & Answers

Here are some common questions you may have when considering a separation agreement

How do I know if I need a separation agreement?

If you are married and are seeking to get divorced, you need to resolve all legal issues stemming from the breakdown of your marriage. These include parenting of minor children, child support, dividing property and debt, and addressing possible spousal support claims. If you and your ex are amicable and can agree on how to resolve those issues, then a separation agreement is a great way to resolve your case. However, if you and your ex disagree on one or more of the issues, then a separation agreement is probably not appropriate.

Can I get divorced without a separation agreement?

Yes ... but if you don't have a separation agreement then the issues of parenting, child support, dividing property and debt, and spousal support will have to be decided by a judge or arbitrator. This involves a trial or contested hearing in court or through an arbitration proceeding. This is expensive and time consuming. If you and your ex can come to terms of agreement, then a separation agreement is the best way to wrap up your divorce or separation.

Should I have my lawyer draft a separation agreement if I haven't already discussed with my ex how we want to resolve all of the issues in our divorce or separation?

Probably not. A separation agreement is just what it says it is... an agreement. In order to make an agreement, both parties must agree on all of the terms in the agreement. Accordingly, having your lawyer draft a separation agreement before you and your ex have agreed on how to resolve all of the major issues (parenting, child support, dividing property and debt, and spousal support) is likely not appropriate. You must first reach a mutual understanding with your ex about the major issues, then a separation agreement can be prepared.

What information do my ex and I need to exchange when doing a separation agreement?

Our firm will work with you to collect a host of financial and personal information when we open your file. Typically, we request tax returns, bank account numbers and balances, pension statements, credit card numbers and balances, and credit balances-including mortgages. The quicker you can provide the requested information to us, the easier it is for us to draft the agreement.

Once the separation agreement is drafted, and I approve it to be sent to my ex, what guarantee do I have they will sign it?

Zero. There is no guarantee that your ex will sign the agreement. They are welcome to hire their own lawyer to review the agreement. If they hire a lawyer, then the lawyer may request changes to the agreement and begin a process of negotiating the terms in the agreement. Even if your ex doesn't hire a lawyer, they may still request changes to the agreement and seek to negotiate revisions to it. However, if you and your ex have put in the hard work up front to discuss what you both want out of the agreement and your mutual understanding of what the agreement will say, then any requested changes to the agreement will likely be limited and nominal.