Reaching agreement is the hard part, but it is not the last part. Here is everything that follows, in the order it happens: reviewing, signing, the benefits to claim, the transfers to make, your will, the divorce itself, and what to do if the agreement is not honoured.
Stay calm and be patient. Did I make the right choice? Is this fair? Did I give too much? It is normal to have settler's remorse after mediation. Try to avoid worrying or renegotiating.
I will draft the agreement and have it to you within ten business days, along with all the supporting calculations, and you keep access to your Sync folder. Review it thoroughly and get some advice before you sign.
Independent legal advice. I really recommend having a lawyer review your agreement and supporting documents before you sign. The agreement is not binding coming out of mediation, precisely so that you have that opportunity. Once you sign, it becomes legally binding.
Legal advice gives you peace of mind and makes sure the agreement is fair, sound and enforceable. The lawyer signs the agreement too, confirming that you met, that they explained it, and that you understood it. That is what makes it strong and reliable.
Making amendments. I send you a Word version so changes are easy. Spelling, corrections and rewording are normal amendments, and you or your lawyer can make them. Just make sure the other person knows what you have changed. Track Changes in Word is the clearest way to show them.
Do not plan to make changes until you have both had your agreement reviewed. Your lawyers may make them on your behalf, and you do not have to tell me. If what you want actually changes the terms, you are welcome to come back to mediation and keep working.
Because I am neutral, I cannot accept requests for changes or corrections from one of you by email. Changing the terms requires a joint meeting.
Organise someone to witness it. If you see a lawyer for independent legal advice, they will advise you, help coordinate any amendments, and witness your signature.
If you choose to sign without legal advice, you will want to amend the Acknowledgements section at the end of the agreement to remove the reference to the Certificate of Independent Legal Advice, and remove the certificate itself. Then you sign with anyone over the age of nineteen as your witness.
Coordinate the signing dates. Whether you sign with a lawyer or another witness, one of you signs first, and you each need original copies.
The first person prints two or four agreements. For each copy they initial every page and sign the last one, and the witness signs the last page too. If a lawyer is witnessing, they complete the Certificate of Independent Legal Advice for each copy.
All signed copies then go to the other person, who follows the same procedure. If you are using lawyers, they typically handle that exchange. The second person then returns one original to the first, or two if you signed four. You are each free to make copies from there.
No. You may file it with the Supreme Court or the Provincial Court of British Columbia, but you do not have to file it for it to be binding. Filing lets the agreement be enforced as a court order, by the court and by enforcement agencies, and you can file at any time.
You do not need to file it with me or with anyone else. It is a binding document upheld by the two of you. Most people, once the transfers are made and the obligations met, simply file it at home or in a safety deposit box. Scan it or photocopy it for easy reference.
Once you have signed, review the child tax benefit provisions in the later part of the child support section of your agreement. They set out who can apply for the Canada Child Benefit, and who claims the Eligible Dependent Tax Credit each year.
Visit the CRA for how to apply through your CRA My Account and to download the form. There are a few links to follow from that page to reach the right instructions.
The Eligible Dependent Tax Credit is claimed at tax time.
Unless you tell them otherwise. They expect to be notified immediately of any parenting time changes set out in your agreement.
If you do not notify them right away, they may claw back benefits you have already received.
Your agreement guides the process. Your Separation Agreement is an instruction manual for lawyers, bankers, investment advisers and pension corporations. They need a copy so they can make the transfers: it shows them they can legally make the changes and that your spouse agrees. Keep it handy as you work through them.
The house. Your family lawyer may handle the transfer, or refer you to a real estate lawyer. Either way the lawyer changes the title, registers new mortgages and makes the payouts.
Accounts and credit cards. To close joint accounts or move funds between them, meet with your financial institution. They will close or transfer the joint accounts and take your spouse's name off any credit cards.
RRSPs. To transfer RRSP funds, meet your investment adviser. They complete a T2220 form, the transfer on breakdown of a marriage or common-law partnership, which is what stops you paying tax on the transfer. You can name new beneficiaries at the same time.
Pensions. If you are equalising pensions, send the agreement to the pension corporation and follow their procedure for dividing it. You can designate a new beneficiary as well.
CPP credits. A year from the date of separation, or on divorce, you can apply to split CPP credits. All the information is here, and you can apply online through your My Service Canada account. You can name a new beneficiary of your survivor benefits too.
Your will is void. Now that you have separated, you need a new will, dated after your Separation Agreement. Make sure your lawyer or notary knows about the agreement, and if you are married, about your divorce plans. You may designate new beneficiaries of your estate.
You may name new beneficiaries. Your life insurance, RRSPs, pensions, CPP and other financial instruments will all let you name someone new.
For life insurance, you may have agreed to hold a certain amount to secure support, so make sure your insurance broker knows about that obligation.
Your Separation Agreement is ninety-five per cent of it. If you are married, the last piece is the divorce, which is a one-line court order saying you are no longer married.
Your lawyer can apply. They file a Notice of Family Claim, served on the other person by a process server, who has thirty days to respond. If the only request is a divorce and it is not contested, the other person does not need to respond. A year from the date of separation, the applicant and their lawyer submit the supporting documents and make the final application. Expect some delay while the court returns the final document.
Or do it yourself. A good option if you would rather save the money is the Justice Access Centre at the courthouse. Do the paperwork yourself (here is a guide) and bring it to the JAC to review. They help you file at no cost beyond the court filing fee.
Many people choose a lawyer because it is a tedious process, but if you are willing to fill in the forms and file them, consider the JAC.
Enforcement with the court. You may enforce your agreement in the Supreme Court or the Provincial Court of British Columbia. Ask your lawyer which court to file with. Filing lets you make applications to the court to enforce the terms.
The BC Family Maintenance Agency. If you are enforcing support provisions, the BCFMA may be an option. You must have filed your agreement with the court to use the programme.
Both the payor and the recipient should think about how to handle support payments amicably. The BCFMA has a lot of authority and can make the process very easy. Sometimes, though, their involvement increases conflict between you.
Be mindful of the effect of bringing an enforcement agency in, and consider whether something simpler would fix it: automatic payments, post-dated cheques. If those do not help, the BCFMA has other options.
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