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Difference between revisions of "Separation and Separation Agreements"
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Separation and Separation Agreements (view source)
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{{ | {{REVIEWEDPLS | reviewer = [http://bhmlawyers.ca/team-2/samantha-de-wit/ Samantha de Wit], Brown Henderson Melbye and [http://jimalelawcorp.com/about-zahra/ Zahra H. Jimale], Jimale Law Corporation|date= October 2018}} {{Dial-A-Law TOC|expanded = divorce}} | ||
{{Dial-A-Law TOC|expanded = | |||
The end of a relationship is a particularly difficult time. There are so many decisions and issues to sort through. An agreement that records the arrangements can make things easier. | The end of a relationship is a particularly difficult time. There are so many decisions and issues to sort through. An agreement that records the arrangements can make things easier. | ||
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A divorce order starts a two-year “limitation period” running. Within that two years, a spouse can sue the other for the division of property, debt, pension and spousal support. | A divorce order starts a two-year “limitation period” running. Within that two years, a spouse can sue the other for the division of property, debt, pension and spousal support. | ||
For more information on the grounds for divorce, see our information on [[Requirements for Divorce and Annulment ( | For more information on the grounds for divorce, see our information on [[Requirements for Divorce and Annulment (No. 120)|requirements for divorce and annulment (no. 120)]]. | ||
===A separation agreement documents how you settled the issues=== | ===A separation agreement documents how you settled the issues=== | ||
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===Other property you own together=== | ===Other property you own together=== | ||
When a couple separates, each spouse has a right to a share in the property that accumulated during the relationship, as well as the increase in value of any property brought into the relationship. This is called '''family property''' under the ''[https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html#sec84_smooth Family Law Act]''. If you own other property besides your home (for example, a car, a cottage, or investments), a separation agreement can cover how to divide these assets too. See our information on [[Dividing Property and Debts ( | When a couple separates, each spouse has a right to a share in the property that accumulated during the relationship, as well as the increase in value of any property brought into the relationship. This is called '''family property''' under the ''[https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html#sec84_smooth Family Law Act]''. If you own other property besides your home (for example, a car, a cottage, or investments), a separation agreement can cover how to divide these assets too. See our information on [[Dividing Property and Debts (No. 124)|dividing property and debts (no. 124)]] for more on this topic. | ||
===Who is responsible for debts=== | ===Who is responsible for debts=== | ||
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If one spouse does not have the credit to take on their one half of the debt, they have to make other arrangements. For example, the other spouse could take on more debt and get more of the family property in exchange. Or other family members could co-sign a loan. | If one spouse does not have the credit to take on their one half of the debt, they have to make other arrangements. For example, the other spouse could take on more debt and get more of the family property in exchange. Or other family members could co-sign a loan. | ||
The division of debt can be covered in a separation agreement. Until then, decisions must be made about paying the family bills. Does the spouse who gets the use of the house have to pay the mortgage? Who will pay for the credit cards and utilities? Our information on [[Dividing Property and Debts ( | The division of debt can be covered in a separation agreement. Until then, decisions must be made about paying the family bills. Does the spouse who gets the use of the house have to pay the mortgage? Who will pay for the credit cards and utilities? Our information on [[Dividing Property and Debts (No. 124)|dividing property and debts (no. 124)]] has more on this topic. | ||
==Common questions== | ==Common questions== | ||
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A '''collaborative practice''' approach may also be used to settle things. In this approach, the couple and their lawyers agree to cooperate and work together to negotiate an agreement resolving the issues arising from the separation. The couple and their lawyers sign a collaborative participation agreement saying no one will go to court or use threats of going to court. If the collaborative process breaks down, the spouses must hire new lawyers if they want to go to court. | A '''collaborative practice''' approach may also be used to settle things. In this approach, the couple and their lawyers agree to cooperate and work together to negotiate an agreement resolving the issues arising from the separation. The couple and their lawyers sign a collaborative participation agreement saying no one will go to court or use threats of going to court. If the collaborative process breaks down, the spouses must hire new lawyers if they want to go to court. | ||
For more information on these options, see our information on [[Mediation and Collaborative | For more information on these options, see our information on [[Mediation and Collaborative Practice (No. 111)|mediation and collaborative practice (no. 111)]]. | ||
===Should we hire a lawyer to prepare our separation agreement?=== | ===Should we hire a lawyer to prepare our separation agreement?=== | ||
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:Web: [https://wiki.clicklaw.bc.ca/index.php?title=Separation_Agreements wiki.clicklaw.bc.ca] | :Web: [https://wiki.clicklaw.bc.ca/index.php?title=Separation_Agreements wiki.clicklaw.bc.ca] | ||
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