TREADSTONE LAW · ONTARIO · DIGITAL LEGAL SERVICES · EST. MMXXI ·TSL
Licensed by the Law Society of OntarioFlat fees published upfrontWe reply to messages within 1 business daySign in
№ 77 Family Law

Can You Make a Separation Agreement Without a Lawyer in British Columbia?

Find out whether you can write your own separation agreement in British Columbia, what risks come without legal advice, and when a court may set it aside.

Family Law4 min readTSLBy the Treadstone Law Team · British ColumbiaUpdated November 13, 2026
← All articles
Key takeaways
  • A lawyer is not required to make a separation agreement, but BC government guidance says it is very important to speak to one before signing.
  • A court can set aside or replace an agreement where, for example, significant property or debts were not disclosed.
  • Parenting and child support terms stay subject to the court's view of the child's best interests and what support order it would make.

If you and your spouse already agree on the main points, hiring lawyers can feel unnecessary. Many people write their own agreement, and the law does not stop you.

The harder question is what you give up by skipping advice. This article explains what is allowed, where self-made agreements tend to run into trouble, and how to reduce the risk.

This article covers the law of British Columbia.

Is a lawyer required?

No lawyer is required to make an agreement. BC government guidance also says no lawyer is required to separate or get a divorce, and in many cases no court hearing is needed for a divorce order if both spouses agree and file the required forms at the Supreme Court.

The same guidance says it is very important to speak to a lawyer before signing a document that settles matters with a spouse, and it recommends independent legal advice before settling parenting, support or property. Independent means each person gets their own advice, rather than sharing one source.

What a homemade agreement can cover

Written agreements can deal with parenting time, contact, child support and spousal support. Spouses can also make an agreement that divides property differently from the default equal-division rules.

To understand what you are agreeing to, it helps to know the starting point. On separation each spouse has a right to an undivided half interest in all family property, subject to any agreement or order, and spouses are responsible for family debt. Property acquired before the relationship, inheritances and gifts from a third party can be excluded property, and a spouse claiming property is excluded must demonstrate it.

Risks of skipping advice

The Supreme Court may set aside or replace all or part of a property agreement if a spouse failed to disclose significant property or debts, took improper advantage of the other's vulnerability, or did not understand the agreement's nature or consequences. The court may decline if the result would not be substantially different from the agreement.

A written spousal support agreement can be set aside on grounds such as non-disclosure, improper advantage or lack of understanding, and the court may also set aside an agreement that is significantly unfair.

For children, you cannot simply contract out of the court's role. A parenting agreement is subject to the child's best interests, and the court must set aside or replace all or part of it if it is not in those interests. A child support agreement can be set aside or replaced if the court would make a different order.

Without advice, it is easy to overlook whether a term is fair, whether you have seen all the financial information, or what you are giving up. Those gaps are exactly what these set-aside rules address.

Time limits and signing

A spouse may apply to set aside a property or spousal support agreement within 2 years after first discovering, or reasonably ought to have discovered, the grounds. Claims for property or debt division, pension division or spousal support must generally be started within 2 years, running from the divorce judgment for married spouses or from the date of separation for unmarried spouses.

The rules for setting aside property agreements apply to a written agreement where each spouse's signature is witnessed by at least one other person, and the same person may witness both signatures.

What to do next

Frequently asked questions

Can we write our own separation agreement in BC?

Yes. A lawyer is not required to make an agreement. The guidance still says it is very important to speak to a lawyer before you sign.

What happens if I sign without independent legal advice?

The agreement may still be binding, but it is more exposed to challenge. A court may set aside or replace a property agreement where, for example, a spouse did not understand its nature or consequences.

Do we need to go to court if we agree on everything?

Not necessarily. In many cases no court hearing is needed for a divorce order if both spouses agree and file the required forms at the Supreme Court. A separation agreement itself does not have to be filed to be binding.

Can we agree on child support however we like?

Not entirely. A child support agreement can be set aside or replaced if the court would make a different order. Each parent and guardian also has a duty to provide support for a child.

Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. British Columbia laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a lawyer who practises in British Columbia. Reach us at 1-844-900-1070 or send our Team a message.

This is a family law question

An uncontested divorce with us is from $2,126.88, tax included. Third-party fees are extra.

ContactStart a File →