Step 1: Determine if the agreement was fair at the time of its creation, based on the criteria set out in section 93 (3) This is how it works and a court will analyze the following factors: only married people can divorce under the law. Separated common law couples do not need a court order to signify that the parties are separated. Common law couples may still need a court decision or separation agreement to resolve issues of parental leave, division of property and support. Married couples can also negotiate a separation agreement before getting a divorce. Legal Aid BC has self-help guides that can help you submit your agreement to the BC Provincial (Family Court) or BC Supreme Court. It is free to submit an agreement to BC Family Court. However, you must pay court fees and fill out an additional form when you submit to the Bc Supreme Court. After your separation, there are several ways you can work together on your family law issues and enter into a separation agreement. The process normally proceeds as follows: “My spouse and I have just concluded our separation agreement. We didn`t agree on everything, so it took us a while to set it up. We were assisted by a family justice counsellor in developing education and support agreements.

After signing the agreement, we filed it in family court, as there is no registration fee. And it will be like a court order. I`m glad we did that! Now we both understand what our rights and duties are. Spouses can take care of the division of the debt in a separation agreement. Until then, they will have to make decisions about paying family bills. Does the spouse allowed to live in the house have to pay the mortgage? Who pays for credit cards and incidentals? Our information on the sharing of property and debt has more to do with it. Under the Family Law Act, a marriage contract may deal with the distribution of property and the maintenance of spouses. The end of a relationship is very difficult. There are many problems to solve and make decisions.

But this practical step can help: prepare an agreement on the family law issues that you and your spouse agree on. Learn more about separation agreements. You do not have to file your completed separation contract in court. However, if you do, you can submit the BC Provincial (Family) Court or BC Supreme Court. Submitted agreements, which contain conditions of parenthood and assistance, can be applied as if they were court decisions. When a spouse dies before signing a separation contract or before a lawsuit is brought, it can significantly affect the division of ownership and debt. Things can be complicated. Section 93 of the Family Law Act provides the basis on which a property contract can be cancelled in whole or in part with a two-part approach: We strongly recommend that you hire a qualified lawyer to draft your family law agreement for you…