Separation Agreements
Separation Agreements
Sometimes a separating couple (married or common-law) go to separate lawyers and the lawyers help them write a separation agreement. A separation agreement says in writing what the couple agreed to do so they don’t argue later.
A couple can also go to Family Court and get help from a family justice counsellor. The family justice counsellor can help them to write a separation agreement if they both agree about what is in the agreement. Family justice counsellors can help a couple make an agreement about the children and about support money, but not about property.
If a Couple Can’t Agree
If a couple can’t agree, they can ask a mediator to help them. A mediator is someone who helps people listen to each other and then come to an agreement. A mediator can be a family justice counsellor, a lawyer, a person trained in mediation, or even someone who is respected in your community.
Family justice counsellors work as mediators and counsellors to help couples reach an agreement. This is especially important if the couple has children. There is no charge for the services of a family justice counsellor, and you do not have to start a court case to get help.
You can call Enquiry BC for information on family justice counsellors in your community. Call 250-387-6121 (in Victoria), 604-660-2421 (in Vancouver), or toll-free 1-800-663-7867 (elsewhere in BC).
If talking to a mediator doesn’t help, then a couple may go to court. In court, a judge can decide the things that the couple can’t agree on. It is a good idea to get some advice from a lawyer before going to court. In some cases, a husband or wife may be able to get legal aid if they can’t afford a lawyer. Check with your local Legal Services Society office. Their website is at: http://www.lss.bc.ca/.
Dividing Family Property 
Family property is anything the family got or used while living together. This may be a house, a car, furniture, or money in a savings account. If a married couple separates, the law in BC says that a husband and wife each owns half of the family property. This law does not apply to common-law couples.
If common-law couples own property together, they need to have a written agreement about who owns what. If a couple (married or common-law) can’t agree about dividing property and about who will live in the house, they can go to BC Supreme Court, and a judge will decide. It is a good idea to have a lawyer for this court because the rules are complicated.