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Separation Agreement

Separation Agreements in British Columbia

Governing legislation: Family Law Act, S.B.C. 2011

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Property Division

Family property is divided equally. Family property = all property owned by either or both spouses at separation, plus certain excluded property that has increased in value.

What can be excluded

Excluded property: property owned before the relationship, gifts and inheritances received during the relationship, certain legal settlements. The excluded value is protected; any increase in value of excluded property during the relationship may be shared.

BC includes common-law couples (2+ years together, or in a relationship of some permanence with a child) in its property division regime.

Spousal Support

Duration of relationship, roles assumed, economic advantages/disadvantages, ability to be self-sufficient.

Duration: SSAGs used as a guide. Typically 0.5–1 year per year of relationship for marriages under 20 years.

Spousal support provisions in agreements must not be significantly unfair. Courts can set aside or replace unconscionable spousal support terms.

The federal Spousal Support Advisory Guidelines (SSAGs) are used as a reference across Canada for calculating support amounts and duration. They are not legislation — but courts and lawyers treat them as a strong starting point.

Child Support

Child support cannot be waived

Both parents have a legal obligation to support their children. No separation agreement can eliminate this obligation. An agreement that sets child support below the Federal Guidelines amount is not binding.

Federal Child Support Guidelines apply. Special/extraordinary expenses shared proportionally. Cannot waive child support.

→ Calculate child support using the federal online tool

Parenting Arrangements

Terminology in British Columbia

BC Family Law Act: "guardianship," "parenting arrangements," "contact." Federal Divorce Act (if divorcing): "decision-making responsibility" and "parenting time."

All parents who were married to each other or lived with the child are presumed guardians. Guardians share parental responsibilities unless an agreement or order says otherwise.

Signing Requirements

Witnesses

Signatures must be witnessed. Each party should have a separate witness.

Independent Legal Advice

Strongly recommended. BC courts will look at whether both parties had legal advice when assessing if an agreement is significantly unfair.

Court Filing

Agreements do not need to be filed. For enforcement, file with the BC Supreme Court or Provincial Court.

Steps to Complete Your Agreement

  1. 1

    Complete and exchange financial disclosure.

  2. 2

    Agree on all terms — property, support, parenting.

  3. 3

    Consider whether family mediation would help if you can't agree.

  4. 4

    Draft agreement and have each party review with their own lawyer.

  5. 5

    Sign with witnesses.

  6. 6

    File with court only if you need enforcement powers.

Critical points for British Columbia

  • !BC courts can set aside or vary agreements that are "significantly unfair."
  • !BC includes common-law couples — unmarried partners of 2+ years have property rights.
  • !Child support cannot be reduced below Federal Guidelines without court order.

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Official sources

Last updated: June 2026

Guidepost is not a law firm. Family law is complex and fact-specific — this guide is for general informational purposes only and is not legal advice. Consult a family lawyer before signing any separation agreement. Full disclaimer.