Basics of Family Law
Separation and Divorce
What is the best way to settle all the issues surrounding our separation?
Coming to an agreement is the best way to settle the issues surrounding your separation.
A separation agreement is a comprehensive, written agreement between you and your former spouse stating what you have agreed to about such important issues as custody, guardianship, access and support, and how you will divide property.
Your separation agreement does not legally end your marriage or common-law relationship, and it is not a divorce. But it is a legal contract - which means you are bound by what it says and it may be difficult to change what you have agreed to in the future.
We recommend you get legal advice before you sign any separation agreement. Once you have seen a lawyer and signed your separation agreement, it is a good idea to file it with the court. Once it's filed, you can ask the court to enforce the parts of your agreement that deal with custody, guardianship and access. If your agreement includes child or spousal support, you can also choose to enroll it with the Family Maintenance Enforcement Program. The FMEP can then monitor your agreement and enforce it if necessary.
If you cannot work out a separation agreement on your own, there are people who may be able to help. They include private mediators who are trained in helping couples resolve family issues, and Family Justice Counsellors.
Sometimes, however, an agreement just isn't possible, and you will need to go to court to ask a judge to decide. If you have to go to court, we recommend you talk to a lawyer to find out which court is most appropriate for you and the particular issues you need to settle - Provincial Court or Supreme Court. A Family Justice Counsellor can also provide you with information about the courts.
Please note: If you are in the process of working out a separation agreement, but need to settle one or two issues immediately (custody or support, for example) you can draw up an interim agreement or go to court for an interim order. An interim order is a short-term court order, which will remain in effect until you reach an agreement or go to court for a final decision.
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