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")
WHEREAS the Parties were [married to each other on [Marriage Date] at [Marriage Location] / spouses within the meaning of the Family Law Act by virtue of having lived together in a marriage-like relationship beginning on or about [Relationship Start Date] / not spouses within the meaning of the Family Law Act, and enter into this Agreement notwithstanding that status — see the note at section 3];
WHEREAS the Parties separated on [Separation Date] and do not intend to resume cohabitation;
WHEREAS [the Parties have [Number] child(ren) of the relationship, namely [Child Name(s) and Date(s) of Birth] / the Parties have no children together — delete Part D and section 6 if so];
WHEREAS each Party has made the financial disclosure described in Schedule A and confirms it to be complete and accurate as of the date of this Agreement;
WHEREAS each Party has obtained, or has been given a genuine and reasonable opportunity to obtain, independent legal advice as recorded in Schedule B;
WHEREAS the Parties wish to settle, on the terms of this Agreement, all matters arising out of their relationship and its breakdown, including property, support, and [where applicable] parenting arrangements;
NOW THEREFORE in consideration of the mutual covenants in this Agreement and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the Parties agree as follows:
PART A — DEFINITIONS AND DISCLOSURE
Definitions
In this Agreement, unless the context requires otherwise:
"Child(ren)" means [Child Name(s)], born [Date(s) of Birth];
"Effective Date" means the date of this Agreement set out above;
"Family Property" means property as defined for the purposes of British Columbia's Family Law Act, including but not limited to real estate, bank accounts, investments, pensions and other retirement savings, business interests, vehicles, and household goods, whether held individually or jointly, subject to any exclusions the Act provides (such as, generally, property either Party owned before the relationship began, to the extent it can be traced);
"Separation Date" means [Separation Date].
The "excluded property" concept — broadly, property owned before the relationship, and certain gifts, inheritances, and damage awards, which is generally excluded from division although the increase in its value during the relationship is generally not — is central to how BC divides property and is different from how Ontario's equalization regime treats pre-relationship property. VERIFY the current statutory definition and current case law on tracing excluded property before relying on paragraph (c) or section 3 as settled.
Financial Disclosure
Each Party has completed, and attached as part of Schedule A, a sworn or solemnly affirmed statement of their assets, debts, and income as of [Disclosure Date], together with supporting documentation [listed in Schedule A].
Each Party confirms that the disclosure at Schedule A is, to the best of their knowledge, complete and accurate, and that they have not knowingly omitted or understated any significant asset, debt, or source of income.
This Agreement is entered into in reliance on the disclosure at Schedule A. If, after the Effective Date, either Party discovers that the other Party failed to disclose a significant asset, debt, or liability that existed as of the date of this Agreement, that discovery may be grounds to set this Agreement aside, in whole or in part.
If either Party becomes aware, before signing, of an asset, debt, or change in income not yet reflected in Schedule A, update Schedule A before execution. Do not rely on section 2.3 as a substitute for complete disclosure at the time of signing.
PART B — PROPERTY DIVISION
Family Property Division
The Parties confirm they are "spouses" within the meaning of the Family Law Act [because they were married / because they lived together in a marriage-like relationship for the qualifying period / because they have a child together], and are accordingly eligible to divide Family Property and family debt under this Agreement.
Family Property is presumed to be divided equally between the Parties, subject to any excluded property, and subject to reapportionment where an equal division would be significantly unfair having regard to factors such as the duration of the relationship, each Party's contribution, and other circumstances the Family Law Act recognizes.
[Include if the Parties are dividing equally:] The Parties agree that an equal division of Family Property, as set out in Schedule A, is fair in their circumstances and neither Party is seeking reapportionment.
[Include if the Parties are dividing unequally by agreement:] The Parties agree to divide Family Property other than equally, as set out in Schedule A, for the reasons set out in Schedule A, notwithstanding the general presumption of equal division.
The Parties have divided their Family Property and family debt between them as set out in Schedule A, and each Party will retain, free of any claim by the other, the property allocated to them in Schedule A.
Each Party will sign any document and take any step reasonably necessary to transfer, register, or otherwise give effect to the division in Schedule A, including with respect to any jointly held real property, vehicle, or account.
Except as otherwise provided in this Agreement, each Party releases any claim to Family Property registered in, or beneficially owned by, the other Party, and to any property excluded from division under section 1.1(c).
Family debt. Each Party is responsible for the family debt allocated to them in Schedule A, will indemnify the other Party against it, and will use best efforts to have any joint debt allocated to them refinanced into their sole name by [Date].
Pensions and retirement savings. [Include if either Party has a pension, RRSP, RRIF, or similar retirement savings subject to division:] Each Party's pension and retirement savings entitlements are divided as set out in Schedule A. The Parties will cooperate in good faith to complete any form, valuation, or plan-administrator process required to give effect to that division, including under any applicable pension-division legislation.
British Columbia's Family Law Act extends "spouse" status — and with it, eligibility for family property division under this Part — to a person who was married to the other Party, or who lived with the other Party in a marriage-like relationship for a continuous period the Act treats as qualifying (commonly discussed as being in the region of two years), or who has a child with the other Party, regardless of how long they lived together. This is the single biggest difference between the BC and Ontario versions of this template: an unmarried couple in BC can be "spouses" with statutory property-division rights, where the equivalent Ontario couple generally would not be. VERIFY the current qualifying period, the current statutory definition of "spouse," and exactly which entitlements (property division as opposed to support or parenting) depend on which version of the test, before relying on this section — do not state a specific number of years to the Parties as settled law.
If the Parties do not meet the statutory "spouse" test, they may still divide property by ordinary contract, but the Family Law Act's property division regime, and the set-aside grounds keyed to it, may not apply in the same way. Flag this to the Parties rather than assuming the regime applies.
Pension division has its own valuation and administrative rules that differ by pension type and can require a plan-specific form. This section flags that a process exists; it does not attempt to state the mechanics. Route to a pension-division specialist or the plan administrator before finalizing numbers.
Family Residence
The family residence municipally known as [Property Address] (the "Family Residence") will be [sold, with net proceeds divided [Percentage] to [Party A Short Name] and [Percentage] to [Party B Short Name] / transferred to the sole name of [Party A/B Short Name], who will pay to the other Party [Amount] representing their share of the equity, and who will use best efforts to remove the other Party from any mortgage or line of credit secured against it by [Date] / retained jointly on the terms set out in Schedule A], as part of the Family Property division in section 3.
Until the Family Residence is sold or transferred in accordance with section 4.1, [Party A/B Short Name] has exclusive occupation of it, and the other Party will not attend without prior notice except as agreed for the purpose of parenting time or moving out personal belongings.
British Columbia does not use the term "matrimonial home" or give the family residence the same standalone right-of-possession regime as Ontario's Family Law Act. In BC the family residence is generally treated as Family Property under section 3, though the Family Law Act contains its own provisions addressing use and occupation of the family residence after separation. Do not import Ontario's matrimonial-home concept, terminology, or its distinct possessory-rights mechanics into this section. VERIFY the current statutory treatment of the family residence and any interim occupation rights before relying on this section.
PART C — SUPPORT
Spousal Support
⚠️ A spousal support release or waiver in this section can still be reviewed by a court. A court is not automatically bound by a spousal support waiver or release in an agreement. Courts have applied a two-stage inquiry examining the circumstances in which the Agreement was negotiated and signed (including whether each Party had independent legal advice, understood the Agreement, and was not under duress or unfair pressure), and whether, at the time enforcement is sought, the Agreement still reflects the objectives of spousal support law and the parties' intentions (commonly associated with Miglin v. Miglin, 2003 SCC 24, a Divorce Act case). This citation is not independently verified this session — VERIFY current appellate treatment, and whether and how the same approach applies to unmarried spouses under the Family Law Act, before this warning or Option B below is relied on as settled.
Use Option A if the Parties are each waiving and releasing spousal support. Use Option B if one Party will pay ongoing or lump-sum spousal support to the other.
Option A — Mutual release of spousal support
Each Party waives, releases, and gives up any claim to spousal support from the other Party, now or in the future, and this Agreement is intended to be a full and final release of spousal support notwithstanding any future change in either Party's circumstances, health, or income. Each Party confirms they understand this waiver may not be reviewed again and have obtained independent legal advice specifically about it, as recorded in Schedule B.
Option B — Spousal support payable
[Party A/B Short Name] will pay spousal support to [Party A/B Short Name] of [Amount] per [Month], beginning [Date], for [a fixed term of [Number] months / until the first of the following: (a) the death of either Party, (b) the recipient's remarriage or entry into a marriage-like relationship for a continuous period of [Number] months, or (c) further order or written agreement of the Parties], calculated with reference to the [Spousal Support Advisory Guidelines / Parties' agreed figure], and reviewable [on a material change in circumstances / not at all — final order intended].
The Spousal Support Advisory Guidelines are not legislation — they are an influential but non-binding formula range used to inform, not dictate, spousal support amounts and duration. Do not present a Guidelines-generated number as a legal entitlement. Confirm both Parties understand the figure is negotiated, not calculated by operation of law.
Child Support
[Party A/B Short Name] will pay child support to [Party A/B Short Name] of [Amount] per month, beginning [Date], calculated in accordance with the Federal Child Support Guidelines (or the equivalent provincial guidelines, if applicable and different) based on [Payor]'s annual income of [Amount] and [Number] child(ren) [in the primary care of / shared roughly equally by] the other Party.
Special or extraordinary expenses. [Include if applicable:] The Parties will share the Child(ren)'s special or extraordinary expenses (such as childcare, health-related expenses not covered by insurance, and extracurricular activities) in proportion to their respective incomes, being [Percentage]% for [Party A Short Name] and [Percentage]% for [Party B Short Name], on production of receipts.
The Parties will exchange copies of their income tax returns and notices of assessment annually by [Date], and will recalculate child support if either Party's income changes materially.
The child support amount in this section may be adjusted, by agreement or court order, if either Party's income or the Child(ren)'s circumstances change materially, or if it does not comply with the applicable Child Support Guidelines.
Delete this section and Part D if the Parties have no children together.
⚠️ Child support belongs to the child, not to either Party, and this Agreement cannot contract it away. A court is not bound by a child support amount the Parties agree to, and may order a different amount — including a higher amount — if the agreed amount does not comply with the applicable Child Support Guidelines or is not otherwise in the best interests of the Child(ren). Neither Party can release or waive the Child(ren)'s entitlement to support by agreement.
Married spouses' child support is generally governed by the Divorce Act and the Federal Child Support Guidelines; unmarried spouses' child support in BC is generally governed by the Family Law Act, which applies its own guidelines that are, in substance, closely aligned with the federal guidelines. VERIFY whether any BC-specific variation currently applies before assuming the figures are identical in every case.
PART D — PARENTING ARRANGEMENTS
Delete this Part if the Parties have no children together. For V1, parenting arrangements are addressed inside this Agreement rather than in a standalone parenting plan.
Parenting Arrangements
Parental responsibilities. [The Parties will jointly exercise parental responsibilities for major decisions concerning the Child(ren)'s health, education, religion, and significant extra-curricular activities, and will consult with and try to reach agreement with each other before making such a decision / [Party A/B Short Name] will have sole parental responsibility for [specify area(s)]].
Parenting time. The Child(ren) will reside with, and spend parenting time with, each Party in accordance with the schedule set out in Schedule C [if used] / as follows: [Describe parenting time schedule].
Relocation. Neither Party will change the Child(ren)'s primary residence to a location that would have a significant impact on the other Party's relationship with the Child(ren), or move the Child(ren)'s residence outside of [City/Province], without the prior written consent of the other Party or a court order.
Nothing in this section prevents either Party from applying to a court for an order concerning parental responsibilities, parenting time, or contact if it becomes necessary, and any such order made by a court prevails over this section.
British Columbia's Family Law Act uses "parental responsibilities" and "parenting time" (and, for a non-parent, "contact"), which are similar to but not identical in structure to the federal Divorce Act's "decision-making responsibility" and "parenting time" terminology. VERIFY current terminology and how the two statutes interact for these Parties before relying on this section as reflecting current usage.
British Columbia's Family Law Act imposes specific notice requirements before a relocation, including prescribed notice periods and content. VERIFY the current notice period and required content before relying on clause 7.3 alone.
A provision in an agreement purporting to finally and irrevocably pre-determine parenting arrangements is not enforceable in the way property or support provisions can be — a court retains jurisdiction to depart from this Part if satisfied it is in the Child(ren)'s best interests to do so. VERIFY the exact statutory basis before stating this as settled in user-facing text.
PART E — RELEASES, DISPUTE RESOLUTION, AND GENERAL
Mutual Releases
Except for the rights and obligations created by this Agreement, each Party releases the other from all claims arising out of their relationship, including claims to Family Property division, and [if Option A of section 5 was used] spousal support.
Section 8.1 does not release either Party from a claim for child support, or from any right the Child(ren) may independently have.
Dispute Resolution
If a dispute arises about the interpretation or implementation of this Agreement, the Parties will first attempt to resolve it through [negotiation / mediation with a mutually agreed mediator] before either Party commences a court or tribunal proceeding.
Section 9.1 does not prevent either Party from seeking urgent relief from a court, including in relation to the safety or well-being of a Child.
British Columbia's Family Law Act contemplates out-of-court dispute resolution processes, and property claims below a certain value may fall within the jurisdiction of the Civil Resolution Tribunal rather than the Provincial or Supreme Court. VERIFY current monetary and subject-matter jurisdiction limits before advising the Parties which forum applies.
Independent Legal Advice
Each Party confirms they have obtained, or have been given a genuine and reasonable opportunity to obtain, independent legal advice from a lawyer of their own choosing, separate from the other Party's lawyer, before signing this Agreement, as recorded in the certificates at Schedule B.
Each Party confirms they understand the nature and consequences of this Agreement, including the rights they are giving up.
General
This Agreement is governed by the laws of the Province of British Columbia and the federal laws of Canada applicable in British Columbia.
This Agreement is the entire agreement between the Parties relating to its subject matter and supersedes all prior discussions, negotiations, and agreements, whether written or oral.
No amendment to this Agreement is effective unless in writing and signed by both Parties in the presence of a witness.
If a provision of this Agreement is held unenforceable, it is severed and the remainder of this Agreement continues in force, except that Part D and section 6 (child support) are never severed in a way that would leave the Child(ren) without a court-enforceable support or parenting mechanism — a court's authority to make or vary an order concerning the Child(ren) is not affected by this Agreement in any event.
This Agreement may be executed in counterparts, including electronically, each of which is an original and all of which together form one agreement.
IN WITNESS WHEREOF the Parties have executed this Agreement as of the date first written above, in the presence of the witnesses below.
British Columbia's Family Law Act requires an agreement respecting the division of property, debt, or support to be in writing, signed by both parties, and witnessed to receive the Act's full enforceability treatment (including being filed with a court and enforced as an order in some circumstances). VERIFY the exact current formality and filing requirements before relying on the signature block below as compliant, or before advising whether this Agreement should be filed with a court.
SIGNED, SEALED AND DELIVERED in the presence of: | |
Witness Signature: ______________________ | [Party A Legal Name] |
Witness Name: [Name] | Signature: ______________________ |
Witness Address: [Address] | Date: [Date] |
SIGNED, SEALED AND DELIVERED in the presence of: | |
Witness Signature: ______________________ | [Party B Legal Name] |
Witness Name: [Name] | Signature: ______________________ |
Witness Address: [Address] | Date: [Date] |
Schedule A — Financial Disclosure
Complete this Schedule before execution. It is a mandatory attachment — this Agreement is not to be signed without it. In case of conflict with the body of this Agreement, resolve the conflict by correcting whichever document does not reflect what the Parties actually agreed, and note the correction in the review log.
A.1 [Party A Legal Name] — Assets, Debts, and Income as of [Disclosure Date]
Real property: [Description, address, estimated value, mortgage balance]
Bank accounts and investments: [Institution, account type, balance]
Pensions and retirement savings: [Plan/institution, estimated value]
Business interests: [Description, estimated value]
Vehicles and other significant personal property: [Description, value]
Property claimed as excluded from division: [Description, basis for exclusion, e.g. owned before the relationship / inheritance / gift]
Debts and liabilities: [Creditor, balance]
Income: [Sources and annual amount, with reference to most recent notice of assessment / pay statements attached]
Supporting documents attached: [List]
A.2 [Party B Legal Name] — Assets, Debts, and Income as of [Disclosure Date]
Real property: [Description, address, estimated value, mortgage balance]
Bank accounts and investments: [Institution, account type, balance]
Pensions and retirement savings: [Plan/institution, estimated value]
Business interests: [Description, estimated value]
Vehicles and other significant personal property: [Description, value]
Property claimed as excluded from division: [Description, basis for exclusion, e.g. owned before the relationship / inheritance / gift]
Debts and liabilities: [Creditor, balance]
Income: [Sources and annual amount, with reference to most recent notice of assessment / pay statements attached]
Supporting documents attached: [List]
A.3 Family Property division summary
Family Property allocated to [Party A Short Name]: [List]
Family Property allocated to [Party B Short Name]: [List]
Family debt allocated to [Party A Short Name]: [List]
Family debt allocated to [Party B Short Name]: [List]
Basis for division (equal / reapportioned, and why): [Explanation]
Schedule B — Certificates of Independent Legal Advice
A mandatory attachment for each Party — this Agreement is not to be signed without both certificates, or without each Party having had a genuine and reasonable opportunity to obtain the advice described.
B.1 Certificate of [Party A Legal Name]'s Lawyer
I, [Lawyer Name], of [Law Firm Name], certify that:
I am a lawyer licensed to practise law in British Columbia;
I met with [Party A Legal Name] separately from [Party B Legal Name] and [Party B Legal Name]'s lawyer;
I explained to [Party A Legal Name] the nature and effect of this Agreement, including the rights and claims being given up or varied by it;
[Party A Legal Name] appeared to understand my advice and signed this Agreement voluntarily, without apparent duress or undue influence, in my presence.
Lawyer Signature: ______________________ Date: [Date]
B.2 Certificate of [Party B Legal Name]'s Lawyer
I, [Lawyer Name], of [Law Firm Name], certify that:
I am a lawyer licensed to practise law in British Columbia;
I met with [Party B Legal Name] separately from [Party A Legal Name] and [Party A Legal Name]'s lawyer;
I explained to [Party B Legal Name] the nature and effect of this Agreement, including the rights and claims being given up or varied by it;
[Party B Legal Name] appeared to understand my advice and signed this Agreement voluntarily, without apparent duress or undue influence, in my presence.
Lawyer Signature: ______________________ Date: [Date]
If either Party proceeds without independent legal advice, do not use this certificate format to record that — flag it plainly instead (for example, "[Party] confirms they were advised to obtain independent legal advice and declined to do so") and note the elevated set-aside risk this creates in the review log. A signed certificate from a lawyer who did not in fact advise that Party is worse than no certificate at all.
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