Separation Agreement (British Columbia) by OLL
This separation agreement allows two people in British Columbia to record their settlement regarding property division, debt, spousal support, and parenting arrangements after a relationship breakdown. It provides structured schedules for complete financial disclosure and certificates of independent legal advice to help prevent the agreement from being set aside under the Family Law Act.
This document comes from OLL's library of vetted legal templates
SEPARATION AGREEMENT
This template is for two people in British Columbia, married or unmarried, who have separated and wish to record how they are settling property, support and (where they have children together) parenting arrangements. It is not for people who are still living together and want a domestic contract governing a future separation (use cohabitation-agreement or marriage-contract instead), and it is not a substitute for a court order. Not suitable for use in Quebec.
Drafting notes appear in italics and are to be deleted before execution. Square brackets mark information to be filled in. Delete any inapplicable optional clauses and Parts, then renumber, before execution.
⚠️ This Agreement can be set aside. A court can set aside all or part of an agreement dividing property, debt, or support — including a separation agreement — where it finds significant unfairness having regard to matters such as a failure to disclose significant property, debt, or income, or where a Party did not understand the nature or consequences of the Agreement. British Columbia's Family Law Act sets out the grounds. VERIFY the exact section number and current statutory wording, and the current "significant unfairness" test, before this warning is treated as settled — the citation registry flags this as unconfirmed. Complete and exchange the financial disclosure at Schedule A honestly and completely, and do not rely on this Agreement being final until each Party has had a genuine opportunity to obtain independent legal advice.
⚠️ This is a lawyer-in-the-loop document. This Agreement is not intended to be signed without each Party obtaining independent legal advice from their own lawyer, as recorded in Schedule B. It resolves matters — property, support, and parenting arrangements where applicable — that carry significant, sometimes irreversible financial and personal consequences, and that a court retains an ongoing supervisory role over (see in particular the child support note at section 6). Do not treat this template as ready to execute without that review.
⚠️ Do not port Ontario reasoning into this template. British Columbia's Family Law Act is structured differently from Ontario's Family Law Act. It presumptively treats "family property" as divided equally between spouses (subject to reapportionment where equal division would be significantly unfair), rather than calculating an equalization payment between separate individual estates, and it extends "spouse" status — including property-division rights — to unmarried couples who meet the statutory test. See section 3 and the note on unmarried spouses below.
THIS SEPARATION AGREEMENT is made as of [Date].
BETWEEN:
[Party A Legal Name] of [Party A Address]
("[Party A Short Name]")
— and —
[Party B Legal Name] of [Party B Address]
("[Party B Short Name]")
(each a "Spouse" and together the "Spouses" or the "Parties")
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Canada note
This version is drafted for Canada. Provinces differ on employment standards and Quebec applies civil law rather than common law. Tell GitLaw which province applies and it adjusts the draft.
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