What a BC separation agreement is for
When spouses separate in British Columbia, the Family Law Act gives each of them an equal share of the family property and responsibility for half the family debt from the date of separation, whether they were married or lived in a marriage-like relationship for two years. A separation agreement turns that general rule into a concrete division, and settles everything else that has to be decided: who the children live with and when, how parental responsibilities are shared, how much child and spousal support is paid, what happens to the home and the pensions, and who pays which debts.
This template is a complete BC separation agreement written in the Family Law Act's own terms. It covers guardianship, parental responsibilities, a parenting schedule with a holiday table, travel and relocation; Guidelines child support with section 7 sharing and annual updates; spousal support options; family property, excluded property and family debt, valued at the agreement date, with a schedule that records the growth in excluded property; the family residence by sale or transfer; pensions under Part 6; estates under WESA; divorce, disclosure, legal advice, dispute resolution and enforcement through FMEP.
When to use it
Use it once you have separated and agreed, or nearly agreed, on terms, whether through your own negotiation, mediation, or lawyers. It works for married spouses and for unmarried spouses who lived in a marriage-like relationship for at least two years, with or without children.
It is not the right tool where there is family violence that affects safety or the ability to negotiate, where one spouse will not disclose their finances, or where a business, trust or complex pension needs professional valuation first. In those cases, get legal advice before agreeing to anything.
What's inside
The full list of sections and fields in this template, in the order they appear.
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Background
- Spouses
- Marriage or marriage-like relationship
- Date of separation
- Children
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Guardianship and parenting
- Guardians
- Shared or allocated parental responsibilities
- Day-to-day decisions
- Information
- Regular schedule
- Holiday table
- Exchanges
- Communication
- Travel
- 60-day relocation notice
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Support
- Guidelines incomes
- Table or shared amount
- Section 7 expenses
- Annual update
- Benefits and insurance
- Periodic lump sum or release of spousal support
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Family property and debt
- Family property
- Excluded property and its growth
- Values at the agreement date
- Equal or unequal division
- Equalizing payment
- Family residence sale or transfer
- Pensions under Part 6
- Debts
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Estates, divorce and disclosure
- Estate releases
- WESA effects of separation
- New wills
- Divorce
- Disclosure
- Independent legal advice
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Disputes, enforcement and general
- Mediation and arbitration
- Filing and FMEP
- Reconciliation
- Amendment
- Witnessed signatures
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Schedules A to D
- Family property excluded property and debt with division
- Household contents
- Legal advice certificates
- Implementation checklist
Preview pages
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Page 1 -
Page 2 -
Page 3
How to complete the agreement
- Exchange financial disclosure. Financial statements with tax returns, account statements, pension statements and valuations.
- Complete Schedule A. List family property and debt with current values, then each spouse's excluded property and its growth.
- Decide the division. Equal, or unequal with reasons for significant unfairness, and calculate the equalizing payment.
- Decide the home. Sale with interim possession, or transfer with a buyout and refinancing.
- Write the parenting arrangements. Guardianship, parental responsibilities, schedule and holiday table.
- Calculate child support and the section 7 shares.
- Choose the spousal support option.
- Get independent legal advice. Each lawyer signs Schedule C.
- Sign with a witness for each spouse, then work through Schedule D, file for enforcement if you choose, and update wills.
Example: a house owned before the relationship
Fictional spouses Arjun and Hannah Gill of Burnaby separated on January 15, 2026 after nine years of marriage. Arjun owned their townhouse before the relationship; it was worth $520,000 when they moved in and is worth $890,000 when they sign in September 2026, with a $310,000 mortgage.
Excluded property: the $520,000 value Arjun brought into the relationship. Family property: the $370,000 increase in value, and everything else acquired during the marriage. Home: Arjun keeps the townhouse and refinances; Hannah's half of the growth ($185,000) is part of the overall division. Other family property and debt: net $140,000, mostly in Hannah's name. Equalizing payment: total family property is $510,000 (the $370,000 growth plus $140,000), so each is entitled to $255,000. Arjun keeps $370,000 of it in the home and Hannah $140,000, so Arjun pays Hannah $115,000.
British Columbia rules to know
- Spouses (Family Law Act section 3). Married, or unmarried and living in a marriage-like relationship for at least two years.
- Equal entitlement (section 81). Each spouse has a half interest in family property and is responsible for half of family debt from separation.
- Family and excluded property (sections 84 and 85). Excluded property stays separate, but its growth during the relationship is shared.
- Valuation (section 87). Fair market value at the date of the agreement or trial.
- Agreements (section 93). Written, signed and witnessed; can be set aside on specified grounds or significant unfairness.
- Unequal division (section 95). Only if equal division would be significantly unfair.
- Guardianship and parenting (sections 39 to 42 and 66). Parental responsibilities, parenting time and 60 days' notice of relocation.
- Estates (WESA sections 2(2) and 56). Separation can end spousal status for estates and revoke gifts to a former spouse.
Why BC separation agreements cause trouble later
Several mistakes come up again and again in BC. Spouses treat a house owned before the relationship as entirely excluded, forgetting that its growth is shared. They value property at the date of separation instead of the date of the agreement. The agreement is signed without a witness, putting its property terms at risk. Excluded property claims are made without any evidence of value at the start of the relationship. Wills and beneficiary designations are never changed. The property schedule, valuation clause, witnessing reminder and implementation checklist in this agreement are written to prevent each of these.
Frequently asked questions
Is a separation agreement binding in BC?
Yes. For property terms, the agreement must be in writing and signed by both spouses, with each signature witnessed by at least one other person (Family Law Act section 93). A court can set aside property terms for failure to disclose, improper advantage, lack of understanding or significant unfairness, and child-related terms must serve the children's best interests.
Do unmarried couples divide property in BC?
Yes, if they lived in a marriage-like relationship for at least two years. They are spouses under the Family Law Act and divide family property and family debt the same way married spouses do.
What is excluded property in BC?
Property a spouse owned before the relationship, gifts and inheritances to one spouse, and certain awards and trust interests. The property itself stays with that spouse, but its increase in value during the relationship is family property and is shared.
When is family property valued in BC?
At the date of the agreement or the trial, not the date of separation. So if the family home rises in value between separation and settlement, the increase is shared.
How is child support enforced in BC?
A separation agreement can be filed with the court so its support terms are enforceable as an order, and either spouse can enrol it with the Family Maintenance Enforcement Program, which collects and enforces payments.
