Do we need a Separation Agreement in order to obtain a divorce?

Couples going through the mediation process routinely ask with a Separation Agreement is required in order for them to get a divorce. The simple answer is ‘no’ – you don’t need a Separation Agreement to get a divorce.

The Supreme Court of British Columbia will grant parties a divorce as long as they have been living separate and apart for one year; and, have an agreement in place for the financial support and parenting of their dependant children (Children of the Marriage). 

In my mediation practice, parties work together in a ‘give and take’ process of listening to one another and working to resolve differences and separate their lives.  The end result is a Memorandum of Understanding (“MOU”) which sets out the parties’ overall intentions. The parties will sign the MOU to indicate their agreement to the terms. They can reference the MOU if issues arise to remind themselves of the decisions recached in mediation.