Property Division

British Columbia is a “family property” jurisdiction, which means that family property is divided equally between spouses upon separation or divorce. Family property is defined as all property acquired by either spouse during the marriage, including real estate, personal property, and investments. There are some exceptions to this rule, such as property that was acquired before the marriage or property that was acquired by gift or inheritance – excluded property. A separation agreement can be used to divide family property between spouses in a way that is fair and equitable.

Spousal Support

Spousal support is financial support paid by one spouse to the other following separation or divorce. In British Columbia, there is no automatic entitlement to spousal support. The amount and duration of spousal support will depend on the specific circumstances of each case, including the length of the marriage, the income and earning capacity of each spouse, and the standard of living enjoyed by the family during the marriage. A separation agreement can be used to set out the terms of spousal support, including the amount and duration of support.

Parenting Time and Child Support

Parenting arrangements, parenting time and parental responsibilities, and child support are two of the most important issues that arise from separation or divorce. In British Columbia, the best interests of the child are the paramount consideration in any decision regarding parenting arrangements and child support. A separation agreement can be used to set out the terms of parenting arrangements and amount of child support and s. 7 expenses for the children to be paid by one parent to the other. It is important to note that child support is a right that belongs to the child, not to the parents, and cannot be waived by either parent.

Enforcing a Separation Agreement

If one party fails to comply with the terms of a separation agreement, the other party can seek enforcement of the agreement through the courts. The party seeking enforcement must show that the agreement is valid and binding, that the other party has breached the agreement, and that damages have been suffered as a result of the breach. The court can order specific performance of the agreement, which means that the party in breach must comply with the terms of the agreement, or can award damages for any losses suffered by the other party as a result of the breach.