person signing a separation agreement in B.C.

Signing a Separation Agreement in BC

Estimated reading time: 3 minutes

If you’re navigating the complexities of separation in British Columbia, signing a separation agreement is crucial. This legally binding document outlines the terms agreed upon by both parties regarding parenting arrangements, child support, spousal support, and property division. Here’s everything you need to know about signing a separation agreement in BC.


What Is a Separation Agreement?

A separation agreement is a written contract between you and your former partner. It’s designed to resolve key issues arising from separation or divorce without court intervention. For the agreement to be enforceable, both parties must freely consent, fully understand its terms, and adhere to British Columbia’s legal requirements. You can use our free Separation Agreement for BC if you don’t have a separation agreement.


Steps to Signing a Separation Agreement in BC

1. Review Your Agreement Carefully
Before signing, ensure that your separation agreement is accurate and error-free. Double-check:

  • Spelling and grammar.
  • Names and birthdates match official documents like marriage certificates or driver’s licenses.

Avoid editing the agreement directly—instead, update the questionnaire or consult your legal professional for changes.

2. Print Two Original Copies
Once satisfied, print two sets of the agreement on standard 8.5” x 11” plain white paper. For a professional finish, use single-sided printing. If there’s a blank space before the final clause, draw a diagonal line to indicate that the area is intentionally left blank.

3. Arrange for Witnesses
Each party must sign the agreement in the presence of a witness. Witnesses must:

  • Be of the age of majority in BC (19 years or older).
  • Be competent to act as a witness.

Note: Neither you nor your former partner can serve as each other’s witness. While you can use the same witness, it’s generally discouraged.

4. Execute the Agreement in Front of Witnesses
To ensure the agreement is valid:

  • Initial each page by hand using ink.
  • Sign the agreement in front of your witness.
  • Your witness must also initial every page and sign next to your signature.
  • Include the witness’s name and address.

Repeat this process for the second original agreement.

5. Distribute and Retain the Originals
Each party should retain one original separation agreement for their records.


Filing Your Agreement with the Court (Optional)

If your separation agreement addresses parenting arrangements, child support, spousal support, or contact with a child, you can file it with the Supreme Court of British Columbia. Filing your agreement ensures it is legally enforceable and may simplify future legal proceedings and reduce the cost of applying for divorce.

  • Fee: $30 filing fee, which can eliminate the $200 court fee required when filing for divorce.
  • How to File: Use professional court filing services to streamline the process.

Why Is Witnessing Important?

A separation agreement is legally binding in British Columbia once signed and witnessed. Witnessing ensures that:

  • Both parties signed voluntarily and without coercion.
  • The document meets provincial legal standards.

Failing to meet these requirements could render the agreement unenforceable.


Final Thoughts

Signing a separation agreement in BC is a significant step toward resolving the financial and personal matters arising from separation. You can protect your interests and avoid future disputes by following the proper steps and meeting all legal requirements. If you need assistance, consider consulting a family lawyer or using a professional service like the BC Divorce App to ensure your agreement is correctly prepared and executed.

Contact us today to file your agreement with the court.