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Difference between revisions of "Separation and Separation Agreements"
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Separation and Separation Agreements (view source)
Revision as of 03:37, 13 May 2021
, 03:37, 13 May 2021→A separation agreement can deal with property and debt
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* How responsibility for '''family debts''' will be shared. | * How responsibility for '''family debts''' will be shared. | ||
[https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html#sec84_smooth The ''Family Law Act'' provides guidelines] on what assets are considered family property and what debts are considered family debt. It also sets out the rules for how to divide that family property and debt. Basically, when a couple separates, each spouse has a right to equally share in property they acquired together. Each spouse also gets a share of the increase in value of any property that either brought into the relationship. The law calls this increase family property as well. | [https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html#sec84_smooth The ''Family Law Act'' provides guidelines] on what assets are considered family property and what debts are considered family debt. It also sets out the rules for how to divide that family property and debt. Basically, when a couple separates, each spouse has a right to equally share in property they acquired together. Each spouse also gets a share of the ''increase'' in value of any property that either brought into the relationship. The law calls this increase family property as well. | ||
The Act also sets out how to handle '''excluded property''' (assets that are '''not''' family property). This can be complicated — if you have a lot of assets, you should get help from a lawyer. | The Act also sets out how to handle '''excluded property''' (assets that are '''not''' family property). This can be complicated — if you have a lot of assets, you should get help from a lawyer. | ||
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===Are mediation or collaborative negotiation helpful?=== | ===Are mediation or collaborative negotiation helpful?=== | ||
Both the BC ''Family Law Act'' and the Divorce Act encourage separated spouses to resolve their family law issues out of court. Using negotiation or mediation is a good idea — unless it would be inappropriate in the circumstances (for example, where there has been family violence). | Both the BC ''Family Law Act'' and the ''Divorce Act'' encourage separated spouses to resolve their family law issues out of court. Using negotiation or mediation is a good idea — unless it would be inappropriate in the circumstances (for example, where there has been family violence). | ||
You and your partner may ''want'' to make decisions together. But you may be having trouble negotiating with one another. '''Mediation''' can help. A trained family law mediator, such as a family justice counsellor or a private mediator, can work with you. They can help you to develop a parenting plan for the children and help you make other decisions as well. | You and your partner may ''want'' to make decisions together. But you may be having trouble negotiating with one another. '''Mediation''' can help. A trained family law mediator, such as a family justice counsellor or a private mediator, can work with you. They can help you to develop a parenting plan for the children and help you make other decisions as well. | ||
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===Should we file our separation agreement in court?=== | ===Should we file our separation agreement in court?=== | ||
You don’t have to file your completed separation agreement in court. But if you do, you can file in BC Provincial (Family) Court or BC Supreme Court. Filed agreements that include terms about parenting and support can be enforced as if they are court orders. | You don’t ''have'' to file your completed separation agreement in court. But if you do, you can file in BC Provincial (Family) Court or BC Supreme Court. Filed agreements that include terms about parenting and support can be enforced as if they are court orders. | ||
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