The court can only impose an agreement if you have filed it in court. You can file the agreement in court at any time, but it is a good idea to submit it shortly after signing. This gives you one less thing to worry about if you need the court to impose it. To submit your consent, take a copy of your signed agreement to your provincial court or Supreme Court registry and apply to be filed. The Provincial Court and the Supreme Court of the BC will implement the parties to an agreement on parenting and support. The court generally respects the agreements (they treat your agreement as a legal document). They are supposed to be permanent, so most separation agreements last until one or both people die. Agreements that end earlier will say so. However, agreements on children and aid can be changed if circumstances change significantly. You can`t force anyone to sign a separation agreement. If you want to solve things, but the other spouse does not, you have some options.
« My spouse and I have just concluded our separation agreement. We didn`t agree on everything, so it took us a while to get it together. We have received assistance from a family judge to develop education and support agreements. After we signed the agreement, we took it to the family court because there is no registration fee. And it will be enforceable as a court order. I`m glad we made it! Now we both understand what our rights and duties are. Separation does not always mean that a relationship is definitely over. Some people will consult to try to rebuild their relationship. Married spouses may attempt to reconcile (re-enter) by cohabiting for up to 90 days during the one-year separation period. If they live together for more than 90 days, the clock is reset and a new one-year separation period begins (if they separate again). If everyone is happy that the agreement is fair, you and your spouse sign it. The agreement is binding (you both have to do what you have agreed to) once you have signed it.
Every year in British Columbia, thousands of couples choose not to live together. The process of stopping a relationship is not easy and it takes time to fully recover from a breakup. If you own another property next to your home (z.B. a car, a vacation home or an investment), a separation agreement may include the sharing of these assets. The Legal Services Society (LSS), BC`s legal aid provider, recently improved its dialogue tool, one of the interactive online pathways on The MyLawBC website. MyLawBC is intended to help you find solutions to common legal problems. In this eNews, LSS explains how using the option dialogue tool can help a pair create a separation agreement.