Separation Agreement Checklist BC: What to Include

This checklist covers everything a thorough separation agreement in British Columbia should address. Think of it as a starting point for understanding the scope of what needs to be decided, not a substitute for getting legal advice on your specific situation.

At Shergill Law, we help Surrey families draft and review separation agreements that are fair, complete, and legally enforceable.

Why a Checklist Is Not Enough on Its Own

A checklist helps you understand the issues that need to be resolved. But a separation agreement is a legal contract, and the way it is written matters enormously.

An agreement that is vague, incomplete, or improperly signed can be challenged in court, set aside entirely, or leave gaps that cause expensive disputes years down the road. Common problems include:

• Missing provisions that come up later, such as what happens when a child wants to change schools
• Vague language around parenting schedules that leads to conflicting interpretations
• Failure to disclose all assets and debts, which can void the entire agreement
• Signing without independent legal advice, which weakens the agreement's enforceability

The goal of this checklist is to help you think through the issues clearly before sitting down with a lawyer to get the agreement done properly.

1. Parenting Arrangements

If you have children, parenting provisions are usually the most detailed part of a separation agreement. Courts will only enforce parenting arrangements that serve the best interests of the children, so this section needs to be thorough.

Your agreement should cover:

Decision-making responsibility

• Who has decision-making responsibility for major decisions about the children's education, health, and religious upbringing
• Whether decisions are made jointly or by one parent
• How disagreements about major decisions are resolved

Parenting time schedule

• The regular weekly or bi-weekly schedule for each parent
• How pick-up and drop-off works, including location and timing
• What happens when a parent is late or needs to cancel

Holidays and special occasions

• How statutory holidays are divided
• How school breaks are shared, including summer, winter break, and spring break
• Birthday arrangements for the children and each parent
• Mother's Day, Father's Day, and other significant occasions

Communication between parents

• How parents will communicate about the children, such as by text, email, or a co-parenting app
• Response time expectations for non-urgent messages
• How urgent situations are handled

Travel

• Whether a parent needs consent to travel out of province with the children
• Requirements for international travel, including passport consent
• How much notice is required before travel

Relocation

• What happens if one parent wants to move, including how much notice is required
• How parenting time adjusts if one parent relocates

2. Child Support

Child support in BC is calculated using the Federal Child Support Guidelines and is based primarily on the paying parent's income and the number of children. Your agreement should address:

Base child support

• The monthly base child support amount
• Which parent pays and to whom
• The payment method and due date
• How and when the amount will be reviewed or adjusted

Special and extraordinary expenses (Section 7 expenses)

• How childcare costs are shared
• How medical and dental expenses not covered by insurance are divided
• How extracurricular activities are handled
• How post-secondary education costs will be addressed
• The process for approving new special expenses

Annual income disclosure

• When each parent will exchange income information each year
• What documents are required, such as tax returns and Notices of Assessment
• How adjustments to child support will be made based on updated income

Duration of child support

• When child support ends
• Whether support continues if a child attends post-secondary education

3. Spousal Support

Not every separation agreement includes spousal support, but when it applies, it needs to be addressed clearly. Relevant provisions include:

• Whether spousal support is payable and by whom
• The monthly amount
• How long support will be paid
• Whether the amount can be reviewed or varied
• The circumstances under which support ends, such as remarriage or cohabitation
• Whether the parties are waiving any right to spousal support in the future

If one spouse is waiving spousal support, the agreement should reflect that this decision was made with full knowledge of their rights and with independent legal advice.

4. The Family Home

The family home often requires its own section because of the practical and financial decisions involved:

• Whether one spouse will buy out the other, and at what price
• How the home will be valued, such as by a licensed appraiser
• The timeline for completing a buyout or sale
• Who is responsible for the mortgage, property taxes, and maintenance during any transition period
• What happens if the buying spouse cannot obtain financing
• How proceeds from a sale will be divided
• When each party must vacate the property

5. Other Property Division

Beyond the family home, all family property needs to be accounted for:

Financial accounts

• How joint bank accounts are handled
• Division of savings, investments, and TFSAs
• How RRSPs are divided, including any tax rollover provisions

Pensions and retirement savings

• Whether pensions are divided and how they are valued
• Whether a pension division order will be registered with the plan administrator
• How defined contribution plans and group RRSPs are treated

Vehicles

• Who keeps each vehicle
• How any outstanding loans on vehicles are handled
• Transfer of title and insurance

Personal property

• How furniture, appliances, and household items are divided
• Any specific items of value that are addressed individually, such as jewellery or artwork
• How disagreements about personal property are resolved

Business interests

• Whether either spouse has a business interest that needs to be valued
• Who retains the business and on what terms
• How goodwill and shares are treated

Excluded property

• Acknowledgment of any property one spouse is claiming as excluded, such as pre-relationship assets or inheritances
• Agreement on the value of excluded property at the start of the relationship

6. Debt Division

Debt is divided alongside property. Your agreement should cover:

• A complete list of all joint and individual debts
• Who is responsible for each debt
• Timelines for paying off or refinancing joint debts
• What happens if one party fails to pay a debt they are responsible for
• How joint credit cards and lines of credit are closed or transferred
• Mortgage responsibility during any transition period

A critical point: your separation agreement cannot override your obligations to a lender. If both names are on a mortgage or joint line of credit, the lender can still pursue both of you regardless of what your agreement says. Refinancing into one name, or selling and paying out the debt, is the only way to fully separate your liability.

7. Life Insurance and Beneficiary Designations

Separation often creates gaps in insurance coverage that people overlook:

• Whether either party is required to maintain life insurance for the benefit of the children or the other spouse
• The required coverage amount and for how long
• Who is named as beneficiary and when designations must be updated
• Whether existing policies need to be maintained during any support period

8. Tax Provisions

A few tax-related clauses can prevent disputes down the road:

• Who claims the children as dependants for tax purposes
• How the Canada Child Benefit is handled
• Who claims childcare expenses
• Confirmation that property transfers between spouses on separation are made on a tax-deferred basis under the Income Tax Act
• How any capital gains on property sales will be allocated

9. Dispute Resolution

No matter how thorough your agreement is, disputes can arise. Including a dispute resolution clause sets out how disagreements will be handled without immediately going to court:

• Whether disputes go to mediation first
• How a mediator is selected and how costs are shared
• Whether arbitration is an option
• When either party can proceed to court

10. General Clauses

Every separation agreement should also include standard legal provisions:

• Full financial disclosure by both parties
• Confirmation that both parties received independent legal advice
• A statement that the agreement is the complete and final agreement between the parties
• How the agreement can be amended in the future
• Governing law, confirming the agreement is governed by BC law
• Signature and witness requirements

Making Your Separation Agreement Legally Binding

For a separation agreement to be enforceable in BC, it must meet the requirements set out in the Family Law Act:

1. It must be in writing
2. It must be signed by both parties
3. Each signature must be witnessed

For the agreement to be as strong as possible, both parties should also obtain independent legal advice before signing, and each party should have provided complete financial disclosure to the other.

An agreement that does not meet these requirements can be challenged, and courts have set aside agreements where one party was not fully informed, did not understand what they were signing, or was pressured into signing.

How Long Does a Separation Agreement Take?

The timeline depends on how much the parties agree on before involving lawyers.

If both parties are largely in agreement and financial disclosure is straightforward, a separation agreement can be completed in a few weeks. If there are significant disagreements about property values, parenting arrangements, or support amounts, the process takes longer.

Delaying the process has real costs. In BC, there is a two-year limitation period for property division claims after separation. Waiting too long to formalize an agreement can put your rights at risk.

Get Your Separation Agreement Done Right

A checklist gives you a road map. A lawyer makes sure the agreement you sign actually protects you.

At Shergill Law, we help Surrey residents draft, review, and finalize separation agreements that cover every issue and hold up over time. Whether you and your spouse have already agreed on the main terms or are still working through the details, we can help you get to a fair and enforceable resolution.

Contact Shergill Law today for a free consultation.

Call: (604) 774-6515 Email: info@ShergillLaw.ca Visit: shergilllaw.ca

This article is for informational purposes only and does not constitute legal advice. Separation agreements depend on your specific circumstances. Consult with a qualified family lawyer for advice about your situation.

Shergill Law is a BC family law firm serving clients throughout Surrey and the Lower Mainland. We assist with separation agreements, property division, child support, spousal support, parenting arrangements, and divorce.

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This article is general information about family law in British Columbia. It is not legal advice for your situation. Speak with a lawyer about the facts of your own matter.