A common law separation agreement BC template can help you and your partner in British Columbia to reach a fair and agreeable arrangement if you decide to separate or live apart. While a legal separation is not a prerequisite for divorce, it can offer a clear legal framework for dividing property, finances, and custody of children.
If you and your partner have lived together for two years or more, you are considered common-law spouses in BC. This means that you have many of the same rights and responsibilities as married couples, including the division of assets and debts if you separate.
However, in most cases, common law partners do not have automatic rights to spousal support, unless they can prove that they have created a “marriage-like relationship” and have suffered economic disadvantage as a result of the separation.
To avoid lengthy and costly court battles, it is advisable to create a separation agreement that outlines your individual responsibilities and obligations. This is where a common law separation agreement BC template comes in handy.
A separation agreement is a legal document that sets out the terms of the separation, including how you will divide your property, custody arrangement for your children, and financial support for your spouse or children, if applicable.
A common law separation agreement BC template can provide you with a framework and a checklist of what needs to be included in the agreement. It can also help you and your partner to determine what is fair and reasonable under the circumstances.
The following are some of the typical provisions in a common law separation agreement:
1. Custody and access to children: You and your partner can agree on how you will parent your children after separation. This may include a schedule for sharing parenting time, decision-making responsibilities, and obligations for child support.
2. Division of property: You and your partner can set out how you will divide your property, including real estate, vehicles, furniture, and other assets. You may also agree on how to divide any debts that you have incurred together.
3. Spousal support: If one partner is financially disadvantaged as a result of the separation, the other partner may agree to pay spousal support to help them maintain their standard of living.
4. Health benefits: You may agree on how health benefits will be provided for you and your children after separation.
5. Life insurance: You and your partner may agree on who will be named as the beneficiary of any life insurance policies that you have.
These are just some of the typical provisions that you can include in a common law separation agreement BC template. You may want to consult with a lawyer to ensure that the agreement meets your specific needs and is legally binding.
In conclusion, a common law separation agreement BC template can be an effective way to create a clear and fair arrangement for separating common law partners. It can help you and your partner save time and money, and reduce the stress and emotional impact of a separation.