If you're splitting up from your spouse, it's a good idea to get a separation agreement. A separation agreement is a legal document that covers how you're going to deal with parenting, property, and child and spousal support.
Whether you're married or common-law, having an agreement often means you can settle your issues without ever going to court. You'll save yourselves time, money, and emotional turmoil, as well as keep control of important decisions that affect your family.
Making an agreement
You and your spouse can make a written agreement (sometimes called a cohabitation or marriage agreement) while you're living together.
When you separate or divorce, you need to work out how you'll deal with parenting, support, property, and debt. You can work out how you'll deal with these issues in a written agreement, and avoid the time, money, and emotional turmoil of going to court.
If you can't work out an agreement directly with your spouse, there are services that can help you negotiate, including lawyers, mediators, and family justice counsellors.
Step-by-step guide to creating your own separation agreement. An agreement is a legal document that sets how you and the other person have agreed to deal with things like parenting, support, and property after your separate.
Changing an agreement
If you and the other person agree about the change, you can just write a new separation agreement. If you don't agree, you'll have to get an order to change or set aside all or part of your agreement.
How to change an agreement that was made after separation to deal with issues of parenting, support, and/or property.
Enforcing an agreement
If the other person doesn't do what's in your parenting agreement, you can apply to enforce the agreement through the court. The court can impose consequences.
The court can impose consequences if you don't follow a support order or agreement, or a parenting order or agreement.
Filing an agreement
If you want, you can file your separation agreement with the Provincial Court or Supreme Court, or both. Filing your agreement can help if you think one of you might not follow what's in the agreement later. Choose a step-by-step guide below.