Do We Have to Have a Formal Separation Agreement?
November 12, 2015 by West Coast ADR
While many people may believe that a divorce or separation always has to be a contentious process, this isn’t actually true. Every year, couples across Canada are able to work together to come up with separation agreements that outline the provisions for how their property will be divided and how child custody issues will be settled. While most people are more familiar with the concept of a formal court order, some couples may choose to have an informal separation agreement.
Those who are interested in going this route need to make sure they take the time to fully understand how informal separation agreements work and what happens when the parties no longer agree on the terms. For couples separating on fairly good terms, it’s common to try to collaborate as much as possible at first on visitation schedules for the children and other similar issues. You and your ex may decide on who will get the children when, how holidays will be spent and who will pay for which portions of the child-related expenses.
However, as time moves on, changes in your life or your ex-partner’s may make these informal arrangements impossible to continue. Some common issues that occur are one party moving or starting a new relationship. When this happens, you may find that you are no longer able to agree on how to handle your post-separation issues.
Informal separation agreements can only be changed if both parties agree. If you are unable to reach a new agreement, you will need to bring the issue before the family courts so a judge can decide what is in the best interests of the child moving forward.
Source: Family Law in British Columbia, “Making an agreement after you separate,” accessed Nov. 12, 2015
While many people may believe that a divorce or separation always has to be a contentious process, this isn’t actually true. Every year, couples across Canada are able to work together to come up with separation agreements that outline the provisions for how their property will be divided and how child custody issues will be settled. While most people are more familiar with the concept of a formal court order, some couples may choose to have an informal separation agreement.
Those who are interested in going this route need to make sure they take the time to fully understand how informal separation agreements work and what happens when the parties no longer agree on the terms. For couples separating on fairly good terms, it’s common to try to collaborate as much as possible at first on visitation schedules for the children and other similar issues. You and your ex may decide on who will get the children when, how holidays will be spent and who will pay for which portions of the child-related expenses.
However, as time moves on, changes in your life or your ex-partner’s may make these informal arrangements impossible to continue. Some common issues that occur are one party moving or starting a new relationship. When this happens, you may find that you are no longer able to agree on how to handle your post-separation issues.
Informal separation agreements can only be changed if both parties agree. If you are unable to reach a new agreement, you will need to bring the issue before the family courts so a judge can decide what is in the best interests of the child moving forward.
Source: Family Law in British Columbia, “Making an agreement after you separate,” accessed Nov. 12, 2015