You and your spouse must each have their own lawyer, because lawyers cannot act for both people in the event of separation or divorce. That would be a conflict of interest. What is independent legal advice? say more about it. You don`t need a separation agreement to divorce. But if you have children, the court will want to see evidence that adequate financial arrangements have been made for them. Otherwise, the decision to divorce is not made. Once you have agreed on all the details, you can download a separation agreement that you can sign. After the signing, the agreement is legally binding, so it is important that a lawyer review the agreement before signing. One way to find lawyers who are willing to provide this service is to check Unbundling.ca for their list of bc lawyers who offer unbundled services, or to find a lawyer or legal counsel. You do not have to file your separation agreement with the court. But if you do, you can file in BC Provincial (Family) Court or BC Supreme Court. Past agreements, which contain conditions relating to parenthood and assistance, can be applied as if they were court decisions.
If you have a serious family law problem, it is best to book a free consultation. This should be with an experienced divorce lawyer. Assistance to spouses, custody of children, custody of children and division of property are examples of serious family law issues. If you need legal advice, talk to a lawyer today. You and your spouse can agree to change your agreement whenever you want. See How to change an agreement? to learn more about how to do it. I would rather create a sick affidavit and win a case in court than make a separation agreement in BEFORE. So when I say that a divorce can be granted after one year of separation. But if a divorce is challenged because you cannot agree on parenthood, support, division of property or debt, the time frame will be longer. A controversial divorce is complicated and can take many paths. It may include injunctions and hearings. A trial date may be unavailable for well over a year.
Legal Aid BC has self-help guides that can help you submit your contract to BC Provincial (Family) Court or BC Supreme Court. He is free to submit an agreement to BC Family Court. But you have to pay court fees and fill out an additional form if you file in the Supreme Court bc. If you are looking for a separation agreement in BC, fill out the form on the page of this page.