The Unbundled Legal Services website can help you find a lawyer who can verify a draft separation agreement and provide you with independent legal advice. There is no «legal separation» in British Columbia. You don`t need to sign papers or consult a judge or lawyer to separate. Couples can simply. Divide. If you don`t have children and there are no ownership or support issues, you may not need a separation agreement. It is a good idea to get legal advice from a family lawyer independently. You can help you decide if you need a separation agreement or if you want to sign one. The JP Boyd on Family Law Wikibook, hosted by Courthouse Libraries BC, discusses family property, excluded property, and family debts in detail. Most of the time, a court will order that family property and family debt be distributed fairly. But under BC law, a court can share property unevenly. This can happen if it were significantly unfair to fairly distribute family property or family debt.
But if you and your spouse can`t agree, you`ll have to apply to the court for an injunction that divides the property and debt. There is a deadline for the launch of this action. You must start it two years after the date of divorce (for married spouses) or the date of separation (for unmarried spouses). Spouses cannot share the same lawyer. To keep lawyers` fees low, a spouse`s lawyer could prepare the arrangement. The other spouse can then consult a lawyer for independent legal advice on the matter. A collaborative approach to practice can also be used to set things straight. Here, the couple and their lawyers agree to cooperate. You can negotiate an agreement. The couple and their lawyers sign a cooperation agreement that states that no one will go to court or threaten to do so. If the collaborative negotiation process collapses, spouses will have to hire new lawyers if they want to go to court. You do not need to start legal proceedings to distribute the property or debt.
If you`re married, you don`t need to get a divorce order first. You and your spouse can enter into an agreement to share the property and debt. 103 (1) In this section, the term «spouse`s interest» means the interest of a spouse resulting from section 81 [equal rights and responsibilities], a contract of property or an order for the division of property. If you divorce or separate, there are laws that say how to distribute the property and debt of the spouses. Separation agreements can have a serious and lasting impact on your legal rights and obligations. So it`s a good idea to have a lawyer prepare yours if you can. If you and your spouse separate, the law states that all family patrimony and family debt must be divided equally between the two of you, unless otherwise agreed. (e) where the amount of the family debt exceeds the value of the family patrimony, the ability of each spouse to pay part of the family debt; It is advisable that both spouses have a very clear understanding of the expiry date to request a division of assets, as they may lose their recourse if they do not go to court in a timely manner….