Separation Agreements
The most effective way to settle issues surrounding separation is by coming to an agreement. A separation agreement is a comprehensive document drawn up between separated spouses to formalize those matters settled between them. A separation agreement is a contract, which is legally binding. The terms can refer to division of assets, child or spousal support/maintenance, custody, or access. There is no official form to use for drawing up a separation agreement nor does it legally end your marriage or common-law relationship. It is always best to consult a lawyer before signing an agreement, for it may be difficult to make changes in the future.
Separation agreements ought to be filed with the court in order to enforce the terms agreed upon. If an agreement includes support it can be enrolled in the British Columbia Family Maintenance Enforcement Program, which is a service provided by the British Columbia Ministry of Attorney General. The program enforces maintenance orders and agreements.
If an agreement is not reached between spouses or with the assistance of a mediator, court may be necessary, leaving the terms of the agreement up to a judge.
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