My boyfriend is insisting we sign an agreement before we move in together. Do I have to? What will it mean?

There is no legal requirement that anybody enter into any family agreement, including a cohabitation agreement. You certainly don't have to sign anything as a matter of law, but you might have to if he insists and you really want to live with him. As far as what the agreement means, that will depend entirely on the contents of the agreement. If you choose to enter into the agreement, make sure you retain a lawyer to review the agreement and explain exactly what it means to you before you sign it!

I have a Marriage Agreement in place after a ten year marriage. My partner is now living with a student of his-the business he ran was not included in the Marriage agreement. Do I have a claim? (by S of Cyberspace, BC)

I'm contemplating marriage to my girlfriend. We have very different financial situations. What clauses would be useful to put into a marriage agreement to protect my assets? (by M of Vancouver, BC)

I started to live with my partner on [date in the past]. We wrote our cohabitation agreement in the Fall with the help of self-help guide on cohabitation agreements. We both signed the document during the Christmas Holiday in presence of a witness. Is it legally binding? Should we see a lawyer or a notery to sign the same document? Or is it too late? (by S of Vancouver, BC)

My girlfiend and I are discussing her moving in along with her two minor children. I would like to protect my assets from claims and my income from spousal or child support claims should we part company down the road. Can you discuss strategies or structures to accomplish this? (by J of Vancouver, BC)

My wife and I separated about eight years ago. We have a separation agreement that said she had to pay spousal support to me, but she hasn't paid in about five years. Can I sue her for the unpaid support?

Yes you can, but whether you would be entitled to receive all of the support you're owed is another matter. Firstly, your wife could claim that because you've waited so long to enforce your rights, that you shouldn't be allowed to complain about it now. Secondly, your wife might take the opportunity to challenge the agreement on the basis that you're now self-sufficient. After all, how have you been getting by these last five years? Thirdly, even if the court finds that you're entitled to the support, you should not expect to collect the whole of the outstanding arrears if it will cause too much of a burden to your wife.

I have been separated for just over 2yrs. I was coerced into signing a separation agreement which I think is unfair. I am in dispute of the amount I pay in spousal support. I cannot pay the support I am supposed to, and my debt load increases by about $400 each month. Can you tell me what options I have? (by D of Kitimat, BC)

My husband and I entered into a legal seperation agreement earlier this year. Since then we have lived together off and on most of the time. We are planning to continue our marriage. What is the proper procedures to take to void our original agreement? (by J of Cyberspace, BC)

I want a divorce but my spouse will not sign the divorce agreement. We have been separated for a year now, but he will still not sign the divorce agreement. How do I make him sign or is this even possible to make him sign? Is there a time frame in which he has to legally sign this divorce aggrement? Can I do anything if he still refuses to sign? (by M of Nanaimo, BC)

I'm currently dating a woman, for about a year, that has a separation agreement with her husband. They live together, she lives upstates and he lives downstairs. Can you date someone under a separation agreement? (by J of New York, NY, USA)

My husband and I are separating, and we don't have any children or property. Do we still need to sign a separation agreement that could be used as an official document? (by T of Burnaby, BC)

Can you tell me the difference between the separation agreement and the divorce agreement? (by C of Inuvik, NT)

My husband and I legally separated last. We have decided to reconcile and I would like to know how and when is the legal separation voided? Do we have to live together for a certain time for the agreement to be automatically voided? (by D of Ottawa, ON)

The divorce between my former wife and myself was finalized in May 2001. There was a preexisting seperation agreement. Is the seperation agreement in anyway legally binding after the divorce was finalized? (by E of Delta, BC)

I received a proposed seperation agreement from my husband's lawyer. Can I ignore this proposed 'agreement'? Do I not have a year before I have to deal with this? (by A of Vancouver, BC)

Do you have to have a lawyer to write a separation agreement? (by O of Ozark, AL, USA)

What makes a separation agreement legal? (by C of Vancouver, BC)

My husband and I are starting to negotiate a separation agreement, and we don't know how to handle the share options we are entitled to exercise with his employer. (by A of Port Coquitlam, BC)

My ex has sole custody. We have joint guardianship. The agreement says that we share guardianship on the Master Joyce Model. Does that mean I have only the Master Joyce rights or that I have all rights as a guardian as well as those rights? (by J of Duncan, BC)

My wife and I are separated and we've got a separation agreement prepared. Now we're reconciling. Do I have to sign the agreement? (by B of Abbotsford, BC)

I want to do a separation agreement but my wife refuses to talk about it. What can I do? (by G of Richmond, BC)

My wife (Canadian) and I (German) got married in Ontario in 1985 and we lived in Vancouver for many years. In 2001, I took a job in Nigeria and the whole family moved to Lagos. Last year, we moved on to Nairobi in Kenya. At the beginning of this year, my wife and I agreed to separate amicably. She wants to stay in Nairobi (so our oldest child can finish school there) while I still have a residence in Nigeria. Can we do a separation agreement, based on BC law? (by R of Vancouver, BC)

Does a commonlaw relationship affect the termination of a seperation agreement like a remarriage? If so, how many years after an ex enters into a commonlaw relationship will a speration agreement end? (by S of Dartmouth, NS)

I would like to ensure that a complete agreement is drawn up, specifying the following: a) responsibilities of each parent to guarantee access to the other (who pays for bus rides, etc); b) access amounts; c) child support, tax benefits, etc; d) removal of maintenance from me as payor, and from FMEP. Does any such form or kit exist? (by M of Coquitlam, BC)

When my ex-wife and I separated, we made an agreement that I would pay support to her for a period of seven years following our separation. It's been only four years, but I've just found out that she's in a new relationship and living with another man who appears to be supporting her. Can I ask that the agreement be changed?

Yes. First, you should contact your ex and find out whether she is willing to agree that you stop paying support to her. If she is, find a lawyer and execute an amendment to your separation that sets out your new agreement ending your spousal support obligation. If she is unwilling to accept this change, you can make an application to court for an Order varying the terms of the agreement which relate to spousal support. You must be able to show that there has been a "material change" in your wife's circumstances, and, in your case, the material change would be the fact that she is being fully supported by another person. Your success is not guaranteed, but it seems you have an arguable point.

My husband and I have filled out and signed a seperation agreement. Is it possible to make changes to the agreement? I feel as though it is not a fair agreement. Is it too late or can I request changes in the divorce papers? (by N of Cambridge, ON)

My boyfriend and I are wanting to know about if its possible to make changes to a separation agreement that he made with his ex-wife. He feels that he was mislead when he signed the papers. (by M of Cyberspace, BC)

After 13 years of my step-son living with his mother, [as of] this year he is permanently residing with his father and I. As per the separation agreement, his father is no longer obligated to pay her child support as the "child does not reside with the wife." We have asked, but she has refused to pay any child support. Does she have to? (by T of Kelowna, BC)

My access agreement with my ex-boyfriend says that I am allowed to see my son for party of Christmas Day and part of New Years Day. He has custody of our child and has just told me that he's planning on taking him to Florida for the whole of his winter school holiday. I don't agree because I want to see my son and have planned a special day with my parents. He's refusing to be agreeable on this point. Up until now, we really haven't had any problems with access. What can I do to make sure I have access to my child this Christmas?

You're in a very difficult spot. Ordinarily, if you have been denied access, you could make an application to court to enforce your time with your child. In this case, though, he is only threatening to take your son for the whole holidays; he hasn't actually done it yet. You cannot get an Order that is prospective, that is, an Order that will take effect if an uncertain future event happens. If your ex is unwilling to discuss the matter, you should consider making an application for an Order restraining him from taking the child out of British Columbia. Apart from this and having a lawyer send him a warning letter, there isn't a lot you can do until he does breach the agreement.

I have a separation agreement that is signed by me, my ex and both of our lawyers. But I do not have consent filing which is required because of the date of the agreement. How can I do this? I have still not received any child support because my agreement needs consent filing. (by K of Surrey, BC)

The divorce between my former wife and myself was finalized in May 2001. There was a preexisting seperation agreement. Is the seperation agreement in anyway legally binding after the divorce was finalized? (by E of Delta, BC)

My former spouse now lives in a small country in Africa. He refuses to sign over title of our former residence. In our divorce agreement, title of residence was to be in my name. My spouse has been out of Canada for two years and has since remarried. What are my options? (by H of Vancouver, BC)

My (Canadian) friend was divorced in the US, and part of the divorce settlement stated that land she inherited in Canada from her uncle remain with her. But the BC Land Title office says they can't recognize divorce papers that are not from Canada. The problem is that her ex refuses to sign papers the Land Title office needs to transfer the ownership from joint ownership. How do you get Canadian recognition of US divorce papers? (by C of Victoria, BC)

My ex and I have a seperation which we both agreed to and has been filed with the provincial courts. In the agreement he agreed that he would transfer the house to me. I do not know where he is living or where to get a hold of him. (by R of Prince Rupert, BC)

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