Common Law Separation Agreement Bc

Common Law Separation Agreement BC: The Legal Process and What You Need to Know

If you are a common law couple in British Columbia and are considering separating, you may be wondering what your legal options are. A common law separation agreement BC is a legal document that outlines the terms of your separation, including the division of property, assets, and responsibilities. In this article, we`ll discuss the legal process of common law separation in BC and what you need to know to create a separation agreement that protects your interests.

What is Common Law Separation in BC?

In British Columbia, common law spouses are defined as two people who have lived together in a marriage-like relationship for at least two years. Unlike married couples, common law couples do not have the same legal rights and protections. This means that if you and your partner decide to separate, you do not have the same automatic rights to property division, spousal support, and other benefits that married couples do.

How Does Common Law Separation Work in BC?

When a common law couple separates in BC, there are a few steps that need to be taken to legally end the relationship. Firstly, you`ll need to inform your partner that you want to separate. This can be done through a conversation or by sending a separation letter. Once the separation is confirmed, you`ll need to work out the terms of your separation agreement.

Creating a Common Law Separation Agreement BC

A separation agreement is a legal contract between two people who are separating. It outlines the terms of the separation, including property division, child custody, spousal support, and any other relevant issues. If you and your partner are able to agree on the terms of separation, you can create your own separation agreement. However, it`s essential to have legal counsel review it before finalizing the document.

If you`re unable to reach an agreement with your partner, you may need to take your case to court. In BC, common law spouses can apply for property division, spousal support, and child support. However, it`s important to note that the court will only divide property that was jointly acquired during the relationship and not before.

To ensure that your separation agreement is legally binding, you`ll need to ensure that it meets the following requirements:

– It is in writing.

– Both partners have received independent legal advice before signing it.

– Both partners have voluntarily signed it.

Conclusion

A common law separation agreement BC is an essential legal document for common law couples who are separating. It allows you to work out the terms of your separation, meet legal requirements, and protect your interests. Whether you`re able to agree on the terms of your separation or need to take your case to court, it`s essential to have legal counsel review your agreement to ensure that it meets the legal requirements and is in your best interest.