What is a Separation Agreement?

Written By Abby Pang

If you have separated from your spouse, or common-law partner, you may want to consider documenting the terms of your settlement on a Separation Agreement. A Separation Agreement is a written agreement that records the terms of settlement. It is a legal contract that is enforceable by the courts. Separation Agreements are recommended so that issues can be negotiated and determined outside of court, in order to save time and money on litigation costs.

 

 

Separation Date

The Separation Agreement will set out basic background facts including a separation date. Separation can occur even if you are still living in the same home as your spouse, as long as you are living independently. Especially when the spouses have decided that their relationship is over, this intention is communicated to the other person and they are acting in the same way. Reconciliation doesn’t necessarily mean that the clock resets, as long as the reconciliation does not last more than 90 days.

 

Child Support

If there were children in the marriage, or common-law relationship, the Separation Agreement can set out the child support payments. Child support payments are payments to help with the child’s financial needs. However, child support payments can change if circumstances change.

 

Parenting Arrangements

The Separation Agreement can set out parenting time, contact, holidays, and other guardianship decisions.

 

Spousal Support

The Separation Agreement can set out monthly spousal support payments, or lump sum settlements.

 

Division of Property

The Separation Agreement can set out how family property is to be divided, including homes, RRSP’s, shares in corporations, rental properties, vacation homes, vehicles, and other investments.

 

Debts

After a separation or divorce, couples may be responsible for the ex-spouse, or ex-common law partner’s debts. A Separation Agreement can set out how the debts are paid, and by whom. This can include credit cards, mortgages, and lines of credit.

 

Full Financial Disclosure

For a Separation Agreement to be valid, both parties must ensure that there is full financial disclosure. If you do not provide full financial disclosure, there can be a risk that the Separation Agreement is set aside, or changed.

Independent Legal Advice

For a Separation Agreement to be valid, both parties should get independent legal advice. This means that each spouse, or ex-spouse, must have their own lawyer.

 

Filed With Your Desk Order Divorce

Your Separation Agreement can then be filed with your desk order divorce, or final divorce order. At that point, all the issues would have been agreed on, and the divorce would be uncontested. You would be granted your divorce order, and not be dragged through the court system.

 

Want to learn more? Please contact us for a consultation.

The material provided in this blog is for general information and education purposes only and does not contain, and should not be construed as containing, legal advice applicable to a particular set of facts. If you require legal advice, please contact us for a consultation with one of our experienced family law lawyers.

Abby Pang

Abby is a lawyer and loving mother of two children. She is an advocate for healthy families and children. She has turned her energy towards supporting families, by providing guidance and helping families navigate through the legal system, while empowering them to have a voice throughout the process.

Abby Pang’s journey began in Prince Albert, Saskatchewan. Subsequently, her family moved to the east side of Vancouver, before moving to Richmond, where she spent most of her childhood. Her father was a refugee who came to Canada in 1970, and from him she learned the meaning of grit.

In her youth, Abby experienced a breakdown in her family unit which resulted in divorce. She understands that marital breakdowns and divorces can be complicated, but also devastating. She also understands there are alternative options and ways to mitigate the damaging effects of the process.

Abby earned a bachelor’s degree from the University of British Columbia, studying psychology and family studies. She earned a law degree from Manchester Metropolitan University, exchange program through the Hong Kong University. In 2008, she returned to British Columbia to work in a large law office while completing her National Certificate of Accreditation. She then completed her articles in a boutique law firm in Vancouver. She was called to the British Columbia bar in 2012.

Abby has appeared in Provincial Court, Supreme Court and Court of Appeal. She deals with personal injury claims, sexual assault (civil) claims, and family law matters: In addition to her court experience, Abby takes a “family first” approach and is resolution-focused. She is registered through the International Academy of Collaborative Professionals.

As a lawyer, Abby Pang’s community involvement included volunteer work with the Federation of Asian Canadian Lawyers and the Canadian Bar Association Women Lawyers’ Forum. As well, she had the opportunity to assist at Rise Women’s Legal Center and Battered Women’s Support Services through volunteering with Amici Curiae Friends of Court.

Abby is the recipient of A Woman of Worth Leader of the Year Award 2023 for her outstanding achievements in strengthening her community/organization through innovative approaches to resolving challenges and inspiring meaningful change. She has been recognized nationally as a nominee of the YWCA Women of Distinction Awards 2023, which honours extraordinary women leaders and businesses.

In her personal time, Abby enjoys snowboarding, bike riding, and spending time with her family.

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