By Jessica West
In British Columbia, there is no formal paperwork or process required to be considered legally separated from your spouse. Under the Family Law Act, a person is considered a spouse if they are legally married or have lived in a marriage-like relationship for at least two years.
Separation occurs when one spouse communicates their intention to separate and takes actions that demonstrate that intention. This applies even if both spouses continue living under the same roof. Mutual agreement is not required; one spouse’s clear communication and corresponding actions are sufficient.
What Does This Look Like?
To separate, you must first communicate your intention to end the relationship. This can be done verbally or in writing, such as through a text message or email. While written communication is not legally required, it serves as useful proof if there is a dispute about the separation date. The wording does not have to follow a specific format, but it must clearly indicate that the relationship has ended .
After communication, it is important to take steps that demonstrate your intention to separate. You could take a large step, like moving out of the home, or something smaller like sleeping in separate rooms. Other actions might include opening a personal bank account, managing your own expenses, and no longer sharing meals. Informing family and friends about the separation can also help establish that the relationship has ended. The key is to ensure that your actions consistently align with your stated intent to separate.
What Next?
Once separation is established, spouses must determine how to handle important matters such as division of property and debts, parenting arrangements, and whether spousal support is necessary. These issues do not have to be resolved in court if both parties can come to an agreement. Many couples choose to negotiate these matters independently or with the assistance of family law professionals.
Should I Write My Own Separation Agreement?
Although there are self-help tools and online templates available for drafting a separation agreement, relying on these can lead to complications. Many DIY agreements lack key terms, contain vague language, or include contradictions that cause disputes later on. While it may seem cost-effective to draft an agreement without legal assistance, any money saved upfront can quickly be lost in legal conflicts that arise due to poor drafting.
A lawyer can provide significant value by ensuring that the separation agreement is clear, enforceable, and anticipates potential legal challenges. In British Columbia, courts have the authority to set aside or modify agreements if they result in significant unfairness. A well-prepared agreement minimizes the risk of court intervention and provides greater certainty. This is particularly crucial for individuals with significant assets or income, or in situations where communication between spouses is strained.
A separation agreement is one of the most important contracts you may sign. A poorly drafted agreement can lead to unnecessary expenses and prolonged legal battles. An ounce of prevention is worth a pound of cure—consult a lawyer before deciding how to approach your separation.
