You and your spouse can enter into a written agreement (sometimes called cohabitation or marriage contract) while you live together. Spouses cannot share the same lawyer. In order to reduce legal fees, a spouse`s lawyer could prepare the agreement. Then the other spouse can see a lawyer for independent legal advice on this matter. Many people who separate do not have a formal agreement, especially when they separate first. But perhaps you have informal agreements on some things. This means that you have settled into a routine on managing things, but you have not written any of this. For a marriage to end, married but separated spouses must divorce. This means that they must receive a Supreme Court order that says they are divorced. After that, they can get married again. (For more information on divorce, see our information on the terms of a divorce.) You do not have to file your separation agreement with the court. But if you do, you can file in BC Provincial (Family) Court or BC Supreme Court. Past agreements, which contain conditions relating to parenthood and assistance, can be applied as if they were court decisions.
A separation agreement can tell what happens to the family home. Spouses can decide whether a spouse will keep it, whether it will be sold, or whether another agreement will be reached. Even if the house is in the name of one spouse, the other spouse may be entitled to a share of that spouse. How the Dialogue Tool Works The Dialogue Tool helps you create a separation agreement that meets your family`s needs. You make important decisions about your children, money, home and other real estate. When a spouse dies before a separation contract is signed or before legal action is taken, this can have serious consequences on the division of ownership and debt. Things can be complicated. For these reasons, you should consider a separation agreement: if you and your spouse decide to prepare your own agreement, it is a good idea to get legal advice before signing. After the signing, the treaty will be legally binding and enforceable through the courts. If you are separating from your spouse, getting a separation agreement is a good idea. A separation agreement is a legal document covering the management of parenthood, property and child care.
You and your spouse can write the agreement yourself or you can ask a lawyer, a family judge or a private mediator to help you. If you decide to write your own chord, read as much as you can about separation agreements before you start writing one. To submit your consent, take a copy of your signed agreement to your provincial court or Supreme Court registry and apply to be filed. The Legal Services Society (LSS), BC`s legal aid provider, recently improved its dialogue tool, one of the interactive online pathways on The MyLawBC website. MyLawBC is intended to help you find solutions to common legal problems.