Adam Frankel
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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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About this template
What is this template?
This document is a formal settlement agreement for separated couples in British Columbia that addresses property division, child support, and parenting time. It is not a cohabitation agreement or a marriage contract for couples who still live together. It contains specific schedules for sworn financial disclosure and certificates of independent legal advice required under the Family Law Act.
When should you use it?
Use this document when two people in British Columbia have separated and intend to settle their financial and parenting affairs without a court-imposed order. Use a Cohabitation Agreement instead if you are currently living together and planning for a possible future separation.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 1 | Definitions | Defines Family Property according to British Columbia's Family Law Act, including real estate, pensions, and business interests. |
| 2 | Financial Disclosure | Obliges each Party to provide a sworn statement of assets, debts, and income at Schedule A. |
| 3 | Family Property Division | Applies a presumption of equal division of Family Property subject to specific exclusions for property owned before the relationship. |
| 4 | Family Residence | Specifies whether the property at a provided address will be sold, transferred to one Spouse, or retained jointly. |
| 5 | Spousal Support | Provides options for a mutual waiver of support or defined monthly payments based on the Spousal Support Advisory Guidelines. |
| 6 | Child Support | Sets monthly support amounts based on the Federal Child Support Guidelines and requires annual exchange of income tax returns. |
| 7 | Parenting Arrangements | Establishes joint or sole parental responsibilities and prohibits relocation that impacts the other Party without written consent. |
| 9 | Dispute Resolution | Requires Parties to attempt negotiation or mediation before commencing court proceedings, except for urgent relief regarding child safety. |
| 11 | General | Governs the agreement under British Columbia law and requires any amendments to be in writing and witnessed. |
Who it's for
- married spouses in British Columbia settling property and support after separation
- unmarried couples in BC who meet the statutory spouse test for property division
- parents in British Columbia establishing parenting time and parental responsibilities post-separation
- separated parties requiring a formal record of financial disclosure and independent legal advice
How long it runs and how it's signed
How long
Runs until someone ends it
Survives the end
Mutual Releases, Child Support, Parenting Arrangements
Signed by
Party A Legal Name, Party B Legal Name, Witness for Party A, Witness for Party B
Witness
Required
Notarisation
Not required
Also needed
sworn financial disclosure at Schedule A; certificates of independent legal advice at Schedule B
Law it's drafted under
Governed by
Family Law Act
Refers to
Divorce Act
Refers to
Federal Child Support Guidelines
Refers to
Miglin v. Miglin, 2003 SCC 24
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.
Categories
Jurisdiction
Canada
British Columbia (Canada)
Document info
GitLaw document. Document created on Mon Aug 17th, 2026. Last updated on Mon Aug 17th, 2026.
This document is public
Licensed under CC BY 4.0 (Attribution).
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