Agreements after Separation - Revision history

Nate Russell: /* Resources */

2024-08-21T23:15:47Z

Resources

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	===Resources===		===Resources===

			* [https://family.legalaid.bc.ca/bc-legal-system/legal-forms-documents/agreements/who-can-help-you-reach-agreement Who Can Help You Reach and Agreement?] from Legal Aid BC
	* [https://family.legalaid.bc.ca/resources/living-together-or-living-apart Living Together or Living Apart]		* [https://family.legalaid.bc.ca/resources/living-together-or-living-apart Living Together or Living Apart]
	** See chapter 2 on making agreements		** See chapter 2 on making agreements

Nate Russell: Clicklaw directory link edit

2024-08-19T23:38:08Z

Clicklaw directory link edit

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	===Resources===		===Resources===

	*[https://~~www~~.~~clicklaw~~.bc.ca/~~resource~~/~~1058 "~~Living Together or Living Apart"] ~~from Legal Aid BC~~		* [https://family.legalaid.bc.ca/resources/living-together-or-living-apart Living Together or Living Apart]
	** See chapter 2 on making agreements		** See chapter 2 on making agreements
	*[https://~~www~~.~~clicklaw.bc.ca~~/~~resource~~/~~2751 "~~Separation Agreements: Your ~~Right to Fairness"~~] from Legal Aid BC and West Coast LEAF		*[https://westcoastleaf.org/work/separation-agreements/ Separation Agreements: Your Rights and Options] from Legal Aid BC and West Coast LEAF
	*[https://~~www~~.~~clicklaw.bc~~.ca/~~resource/1058 "Living Together or Living Apart: Common-Law Relationships, Marriage,~~ Separation~~, and Divorce"] from Legal Aid BC~~		*[https://pas-finances.familieschange.ca/ Parenting After Separation: Finances] online course from the Justice Education Society of BC
	*[https:~~//www.clicklaw.bc.ca/resource/1529 "Separated with Children - Dealing with the~~ Finances~~: Parent Workbook"~~] from the Justice Education Society of BC		*[https://family.legalaid.bc.ca/resources/coping-separation-handbook Coping with Separation Handbook] from Legal Aid BC
	*[https://~~www~~.~~clicklaw~~.bc.ca/~~resource~~/~~4126 "~~Coping with Separation Handbook"] from Legal Aid BC		* [https://www.howtoseparate.ca/ How to Separate] online course from Justice Education Society
	*[https://www.~~clicklaw.bc~~.ca/~~resource/4494 "~~How to Separate" online course] from ~~the~~ Justice Education Society ~~of BC~~		*[https://bit.ly/3AoGrfy "Ending Relationships" video] from John-Paul Boyd, KC
	*[https://~~www~~.~~clicklaw.bc.ca/resource~~/~~4760~~ "Ending Relationships" video] from John-Paul Boyd, QC
	*[https://www.lawsociety.bc.ca/docs/practice/checklists/D-3.pdf "Practice Checklist Manual"] from the Law Society of BC		*[https://www.lawsociety.bc.ca/docs/practice/checklists/D-3.pdf "Practice Checklist Manual"] from the Law Society of BC
	** See "Separation Agreement Drafting"		** See "Separation Agreement Drafting"

Nate Russell: Clicklaw directory link edit

2024-08-19T23:32:14Z

Clicklaw directory link edit

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	\|ChapterEditors = [[Beatrice McCutcheon]] and [[Gagan Mann]]		\|ChapterEditors = [[Beatrice McCutcheon]] and [[Gagan Mann]]
	}}		}}
	{{~~Clicklawbadge~~		{{LSSbadge
	\| resourcetype = ~~<br/>more resources dealing with<br/>~~		\| resourcetype = information on
	\|link = [https://~~www~~.~~clicklaw~~.bc.ca/~~global~~/~~search?k=separation%20agreements~~ Separation Agreements]		\|link = [https://family.legalaid.bc.ca/bc-legal-system/legal-forms-documents/agreements Separation Agreements]
	}}A separation agreement is a contract that records a settlement of the legal issues that arose following the end of a married or unmarried relationship. Unlike marriage and cohabitation agreements, which are made when a relationship starts, separation agreements are made when the relationship is over.		}}
			A separation agreement is a contract that records a settlement of the legal issues that arose following the end of a married or unmarried relationship. Unlike marriage and cohabitation agreements, which are made when a relationship starts, separation agreements are made when the relationship is over.

	Separation agreements can be an effective and inexpensive way of resolving legal issues that are often very difficult. However, the terms of the agreement must be fair, and the parties must be able to get along well enough to negotiate the deal and then put it into <span class="noglossary">action</span> when it's done.		Separation agreements can be an effective and inexpensive way of resolving legal issues that are often very difficult. However, the terms of the agreement must be fair, and the parties must be able to get along well enough to negotiate the deal and then put it into <span class="noglossary">action</span> when it's done.
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	===Links===		===Links===

	* [https://~~clicklaw~~.bc.ca/~~resource~~/~~4653 Legal~~ forms & documents~~] from Legal Aid BC~~		* [https://family.legalaid.bc.ca/bc-legal-system/legal-forms-documents/agreements/making-agreement-after-you-separate "Making an agreement after you separate"] from Legal Aid BC
	**Under the section "Agreements" see "Making an agreement after you separate" ~~and "Who can help you reach an agreement?"~~
	*[https://www.bcfma.ca/ BC Family Maintenance Agency] website from the Government of British Columbia		*[https://www.bcfma.ca/ BC Family Maintenance Agency] website from the Government of British Columbia
	* [https://www.familieschange.ca/ Families Change] website from the Justice Education Society of BC and BC Ministry of Attorney General		* [https://www.familieschange.ca/ Families Change] website from the Justice Education Society of BC and BC Ministry of Attorney General
	*[https://~~www~~.~~clicklaw~~.bc.ca/~~resource/4639~~ Legal Aid BC's Family Law website's ~~information page~~ on Separation & Divorce]		* [https://family.legalaid.bc.ca/separation-divorce Legal Aid BC's Family Law website's common questions on Separation & Divorce]
	*[https://~~www.clicklaw~~.bc.ca/~~resource~~/~~1126~~ Separation and Separation Agreements] from Dial-a-Law by the People's Law School		*[https://dialalaw.peopleslawschool.ca/separation-agreements/ Separation and Separation Agreements] from Dial-a-Law by the People's Law School
	*[https://~~www~~.~~clicklaw~~.bc.ca/~~resource~~/~~4282 MyLaw BC Make a Separation Plan Pathway] from Legal Aid BC~~		* [https://family.legalaid.bc.ca/separation-divorce/going-through-separation Going Through Separation] from Legal Aid BC
	*[https://www.clicklaw.bc.ca/resource/4139 Parent Guide to Separation and Divorce] from the Justice Education Society of BC
	*[https://www.clicklaw.bc.ca/resource/4648 Going Through Separation] from Legal Aid BC

	===Resources===		===Resources===

Nate Russell: From staging 2024

2024-01-12T21:19:23Z

From staging 2024

Nate Russell: From staging June 2022

2022-06-23T22:28:58Z

From staging June 2022

Show changes

Nate Russell: Nate Russell moved page Separation Agreements to Agreements after Separation: new title for edition 2020

2022-06-23T22:05:49Z

Nate Russell moved page Separation Agreements to Agreements after Separation: new title for edition 2020

← Older revision	Revision as of 22:05, 23 June 2022
(No difference)

Jpboyd: /* Links */

2021-03-06T20:27:30Z

Links

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	{{REVIEWED \| reviewer = [[~~Gagan Mann]] and [[Beatrice McCutcheon~~]], ~~June 3~~, ~~2019~~}}		{{REVIEWED \| reviewer = [[JP Boyd]], March 6, 2021}}

	{{JP Boyd on Family Law Navbox\|type=chapters}}		{{JP Boyd on Family Law Navbox\|type=chapters}}

Jpboyd: /* Custody and access */

2021-03-06T20:27:00Z

Custody and access

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	<span style="color:#D2691E">'''Important changes'''</span> <br />		<span style="color:#D2691E">'''Important changes'''</span> <br />
	Under the changes to the ''Divorce Act'' that took effect on 1 March 2021, "custody" is now known as ''decision-making responsibility'' and "access" is now known as ''parenting time'', for people who are or used to be married to each other, or as ''contact'' for other people. Decision-making responsibility under the ''Divorce Act'' means the same thing as parental responsibilities under the ''Family Law Act''.		Under the changes to the ''Divorce Act'' that took effect on 1 March 2021, "custody" is now known as ''decision-making responsibility'' and "access" is now known as ''parenting time'', for people who are or used to be married to each other, or as ''contact'' for other people. Decision-making responsibility under the ''Divorce Act'' means the same thing as parental responsibilities under the ''Family Law Act''.

			Older agreements that use the terms custody and access are still good and don't need to be updated to the new language. If you have an older agreement that says you have custody, you now have decision-making responsibility for your children. If you are or were married to your ex and have an agreement that says you have access, you now have parenting time.

	====Guardianship====		====Guardianship====

Jpboyd: /* The possible subjects of a separation agreement */

2021-03-06T20:25:16Z

The possible subjects of a separation agreement

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	Joint custody has little to do with how much time the child spends with each parent. The child's time can be shared equally or almost equally, or the child can see a parent only on weekends, and the parents can still have joint custody.		Joint custody has little to do with how much time the child spends with each parent. The child's time can be shared equally or almost equally, or the child can see a parent only on weekends, and the parents can still have joint custody.

			<span style="color:#D2691E">'''Important changes'''</span> <br />
			Under the changes to the ''Divorce Act'' that took effect on 1 March 2021, "custody" is now known as ''decision-making responsibility'' and "access" is now known as ''parenting time'', for people who are or used to be married to each other, or as ''contact'' for other people. Decision-making responsibility under the ''Divorce Act'' means the same thing as parental responsibilities under the ''Family Law Act''.

	====Guardianship====		====Guardianship====
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	Guardians can share one or more of these parental responsibilities, or one or more parental responsibilities can be allocated just to one guardian, so that only that guardian has responsibility for that issue.		Guardians can share one or more of these parental responsibilities, or one or more parental responsibilities can be allocated just to one guardian, so that only that guardian has responsibility for that issue.

			<span style="color:#D2691E">'''Important changes'''</span> <br />
			Decision-making responsibility under the ''Divorce Act'' means the same thing as parental responsibilities under the ''Family Law Act''.

	====Parenting time and contact====		====Parenting time and contact====

Jpboyd at 20:23, 6 March 2021

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	This section provides an introduction to separation agreements, discusses how separation agreements are formed, and describes the legal requirements of separation agreements. It also looks at the typical subjects of separation agreements in some detail. In addition, it discusses the effect of reconciliation on separation agreements.		This section provides an introduction to separation agreements, discusses how separation agreements are formed, and describes the legal requirements of separation agreements. It also looks at the typical subjects of separation agreements in some detail. In addition, it discusses the effect of reconciliation on separation agreements.

			<span style="color:#D2691E">'''Important changes'''</span> <br />
			Look for explanations under this heading to read about recent changes to family law affecting the information provided in this section.

	==Introduction==		==Introduction==
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	Of course, separation agreements aren't for everyone. There must be a certain basic amount of mutual <span class="noglossary">trust</span> and good faith, and each party must have a certain flexibility and a willingness to accommodate the other side. A separation agreement will not be appropriate where a couple are so filled with anger, jealousy, or stubbornness that even a basic level of mutual respect is absent and dialogue is not possible.		Of course, separation agreements aren't for everyone. There must be a certain basic amount of mutual <span class="noglossary">trust</span> and good faith, and each party must have a certain flexibility and a willingness to accommodate the other side. A separation agreement will not be appropriate where a couple are so filled with anger, jealousy, or stubbornness that even a basic level of mutual respect is absent and dialogue is not possible.

			<span style="color:#D2691E">'''Important changes'''</span> <br />
			The ''Family Law Act'' and, as a result of recent changes, the ''Divorce Act'' both encourage people to resolve their family law problems other than through court.

	==Alternatives to separation agreements==		==Alternatives to separation agreements==

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	{{JP Boyd on Family Law TOC\|expanded = agreements}}{{JPBOFL Editor Badge		{{JP Boyd on Family Law TOC\|expanded = agreements}}{{JPBOFL Editor Badge
			\|CoAuthor = [[Beatrice McCutcheon]]
	\|ChapterEditors = [[Beatrice McCutcheon]] and [[Gagan Mann]]		\|ChapterEditors = [[Beatrice McCutcheon]] and [[Gagan Mann]]
	}}		}}
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	The whole point of making a separation agreement is so that, at some later time, the contract will be enforceable in court if one of the parties fail to live up to it. As such, the agreement must be capable of being enforced by the court and it must be able to withstand a challenge in court.		The whole point of making a separation agreement is so that, at some later time, the contract will be enforceable in court if one of the parties fail to live up to it. As such, the agreement must be capable of being enforced by the court and it must be able to withstand a challenge in court.

	Separation agreements must follow certain basic rules, including these:		Separation agreements must follow certain basic rules in order to be legally binding and enforceable, including these:

	*The agreement must be in writing.		*The agreement must be in writing.
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	It's important to know that the courts will rarely if ever uphold an agreement that attempts to avoid a statutory obligation. Child support, for example, is a positive, almost absolute, obligation all parents have toward their children. The court will not follow an agreement which says a parent will never have to pay child support.		It's important to know that the courts will rarely if ever uphold an agreement that attempts to avoid a statutory obligation. Child support, for example, is a positive, almost absolute, obligation all parents have toward their children. The court will not follow an agreement which says a parent will never have to pay child support.

	It's also important to know that the courts can uphold an oral agreement if, as in [~~http~~://canlii.ca/t/~~g6t11 ''Thomson~~ v~~. Young~~''], ~~2014 BCSC 799~~, there is evidence that both parties clearly understood the essential terms of the agreement ~~and intended~~ to be bound by those terms. However, it's easy to disagree about whether an oral agreement was ~~intended to be final~~ and ~~binding~~. It's always best to put agreements in writing.		It's also important to know that the courts can uphold an oral agreement, but there are significant disadvantages to them as compared to written agreements (including how legally binding they are on a judge). See the note about oral agreements in the introductory section on [[Family Law Agreements]] within this chapter. If, as in ''[https://canlii.ca/t/jtklq Voitchovsky v Gibson]'', 2022 BCCA 428, there is evidence that both parties clearly understood the essential terms of the oral agreement, showed intention to be bound by those terms, and conducted themselves over the years in way that was consistent with the oral agreement, then the court may determine there was an agreement. However, it's easy to disagree about whether an oral agreement was ever reached, and if so on what terms. It's always best to put agreements in writing.

	==The possible subjects of a separation agreement==		==The possible subjects of a separation agreement==
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	==Separation agreements filed in court==		==Separation agreements filed in court==

	Agreements that are filed in court can be enforced as if they were orders of the court in which they are filed. Among other things, this means that the Family Maintenance Enforcement Program can enforce an agreement for support exactly as it would enforce an order for support.		Agreements that are filed in court can be enforced as if they were orders of the court in which they are filed. Among other things, this means that the BC Family Maintenance Agency (formerly the Family Maintenance Enforcement Program) can enforce an agreement for support exactly as it would enforce an order for support.

	To find out how to file an agreement, or to see if your agreement has been filed in court, read [[How Do I File an Agreement in Court?]]. It's located in the Helpful Guides & Common Questions part of this resource under Separation Agreements.		To find out how to file an agreement, or to see if your agreement has been filed in court, read [[How Do I File an Agreement in Court?]]. It's located in the Helpful Guides & Common Questions part of this resource under Separation Agreements.
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	* [https://clicklaw.bc.ca/resource/4653 Legal forms & documents] from Legal Aid BC		* [https://clicklaw.bc.ca/resource/4653 Legal forms & documents] from Legal Aid BC
	**Under the section "Agreements" see "Making an agreement after you separate" and "Who can help you reach an agreement?"		**Under the section "Agreements" see "Making an agreement after you separate" and "Who can help you reach an agreement?"
	*[https://www.~~fmep.gov.bc~~.ca/ Family Maintenance ~~Enforcement Program~~] website from the Government of British Columbia		*[https://www.bcfma.ca/ BC Family Maintenance Agency] website from the Government of British Columbia
	* [https://www.familieschange.ca/ Families Change] website from the Justice Education Society of BC and BC Ministry of Attorney General		* [https://www.familieschange.ca/ Families Change] website from the Justice Education Society of BC and BC Ministry of Attorney General
	*[https://www.clicklaw.bc.ca/resource/4639 Legal Aid BC's Family Law website's information page on Separation & Divorce]		*[https://www.clicklaw.bc.ca/resource/4639 Legal Aid BC's Family Law website's information page on Separation & Divorce]
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	===Resources===		===Resources===

	*[~~http~~://www.clicklaw.bc.ca/resource/1058 "Living Together or Living Apart"] from Legal Aid BC		*[https://www.clicklaw.bc.ca/resource/1058 "Living Together or Living Apart"] from Legal Aid BC
	** See chapter 2 on making agreements		** See chapter 2 on making agreements
	*[https://www.clicklaw.bc.ca/resource/2751 "Separation Agreements: Your Right to Fairness"] from Legal Aid BC and West Coast LEAF		*[https://www.clicklaw.bc.ca/resource/2751 "Separation Agreements: Your Right to Fairness"] from Legal Aid BC and West Coast LEAF
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	*[https://www.clicklaw.bc.ca/resource/4494 "How to Separate" online course] from the Justice Education Society of BC		*[https://www.clicklaw.bc.ca/resource/4494 "How to Separate" online course] from the Justice Education Society of BC
	*[https://www.clicklaw.bc.ca/resource/4760 "Ending Relationships" video] from John-Paul Boyd, QC		*[https://www.clicklaw.bc.ca/resource/4760 "Ending Relationships" video] from John-Paul Boyd, QC
	*[~~http~~://www.lawsociety.bc.ca/docs/practice/checklists/D-3.pdf "Practice Checklist Manual"] from the Law Society of BC		*[https://www.lawsociety.bc.ca/docs/practice/checklists/D-3.pdf "Practice Checklist Manual"] from the Law Society of BC
	** See "Separation Agreement Drafting"		** See "Separation Agreement Drafting"

	{{REVIEWED \| reviewer = [[~~JP Boyd~~]], ~~March 20, 2021~~}}		{{REVIEWED \| reviewer = [[Beatrice McCutcheon]], 22 November 2023}}

	{{JP Boyd on Family Law Navbox\|type=chapters}}		{{JP Boyd on Family Law Navbox\|type=chapters}}