Divorce & Separation
Do You Need a Lawyer for a Separation Agreement in BC?
By SiLaw Group Family LawyersPublished Nov 13, 2026 · 6 min read
No. British Columbia's Family Law Act does not require a lawyer to make a separation agreement. Under section 6(4) of the Act, an agreement is binding whether or not a family dispute resolution professional, which includes a lawyer, was involved in making it.
So the question is not whether you may write your own. You may. The question is whether it will still be standing in five years, because the same Act gives courts specific grounds to set agreements aside, and a lawyer's real job is to keep yours out of them. SiLaw Group Family Lawyers drafts, reviews and mediates these agreements, and this post says honestly when you need us and when you may not. Our complete guide to separation agreements in BC covers the whole process.
What Does the Law Actually Require?
Less than most people assume. Section 6(1) of the Family Law Act lets two or more people make an agreement to resolve a family law dispute, and section 6(3) makes that agreement binding on the parties, subject to the Act. Section 6(4) adds that it is binding whether or not there is consideration, whether or not a family dispute resolution professional was involved, and whether or not it is filed with a court. Section 1 of the Act defines a written agreement as one that is in writing and signed by all parties, and defines a family dispute resolution professional to include a lawyer advising a party.
A few conditions attach to particular terms. Under section 44(2) and section 148(1) of the Family Law Act, agreements about parenting arrangements and child support are binding only if made after separation, or when the parties are about to separate and for the purpose of taking effect on separation. Under section 93(1) and section 164(1) of the Act, the set-aside framework for property and spousal support agreements applies to written agreements with each spouse's signature witnessed by at least one other person, and the same witness can serve for both. And section 5 of the Act requires each party to give the other full and true information for the purpose of resolving the dispute.
That is the list. Nothing in it requires a lawyer to draft, review or witness the document.
Why Does Independent Legal Advice Still Matter?
Because of what comes next. Section 93(3) of the Family Law Act allows the Supreme Court of British Columbia to set aside or replace a property agreement if, when it was made, a spouse failed to disclose significant property or debts or other relevant information, a spouse took improper advantage of the other spouse's vulnerability, including the other spouse's ignorance, need or distress, a spouse did not understand the nature or consequences of the agreement, or other circumstances existed that would make a contract voidable at common law. Section 164(3) of the Act repeats those grounds for spousal support terms and adds non-disclosure of income.
Two of those four grounds are about the state of mind of the person signing. Independent legal advice, meaning a lawyer who acts only for you, explains the agreement and what you are giving up, and confirms that the advice was given, is the contemporaneous evidence on exactly those points. In our experience, agreements signed without it are among the first to be challenged, usually on the argument that one spouse did not understand what they signed. A court can still set an agreement aside where the statutory grounds are made out, but the written record of advice is the practice-level answer to the ground argued most often.
Independent legal advice is a fixed fee of $545 plus GST and PST (as of September 2026) for a one-hour session. Time beyond the hour is billed at the lawyer's hourly rate, and the fee may vary with the complexity of the agreement. Our pricing and fees page has the details, and our family law agreements page describes what the advice session covers.
When Is Drafting It Yourself Reasonable?
It can be, when all of the following are true. The relationship was short. There are no children. Neither of you owns real estate, a business or a pension of any size. Your incomes are similar and neither of you is claiming spousal support. You have both laid out your finances to each other and nothing is in dispute. And neither of you feels pressured, rushed or afraid.
In that situation, writing down what you have agreed is sensible, and the cost-conscious path is to have a lawyer review your draft before signing and for each of you to get independent advice. Even a simple agreement should deal with mutual releases and the limitation periods that apply to property and spousal support claims, which our limitation periods page explains, and those are the clauses self-drafters most often leave out.
When Is Drafting It Yourself a Bad Idea?
Several situations call for a lawyer from the start.
There is family violence or a serious imbalance of power. Section 8 of the Family Law Act requires a family dispute resolution professional to assess whether family violence may be present and how it may affect a party's safety and ability to negotiate a fair agreement. That duty exists because agreements reached under fear or control are the ones section 93(3) and section 164(3) of the Act describe. A template does no such assessment. Our family violence pages explain the protections available.
There are children. Parenting terms must serve the best interests of the child, and under section 44(4) of the Family Law Act a court must set aside or replace a parenting agreement if satisfied that it is not in the best interests of the child. Child support belongs to the child, and section 148(3) of the Act lets a court replace a child support agreement if it would make a different order under section 150.
There is a home, a pension or a business. Each needs a mechanism, not just a decision, and property division is generally meant to be final once done.
One of you is waiving spousal support. Section 163(2) of the Family Law Act permits a spouse to release the other from support liability, but section 164 of the Act is the route by which releases reached without disclosure or understanding are unwound. A waiver is the term most worth paying for advice on.
You were never married. For unmarried spouses the two-year limitation period for property and spousal support claims in section 198(2) of the Family Law Act runs from the date of separation, not from a divorce, so the clock is already running. Our common-law separation page explains what that means.
Can One Lawyer Act for Both of Us?
No. Your interests in a separation agreement genuinely conflict, and a lawyer who tried to advise both of you could not properly advise either. The usual arrangement is that one spouse's lawyer drafts and the other spouse takes the draft to their own lawyer for independent advice. If you want one neutral professional in the room, that role is a mediator, who helps you reach terms but does not act as either spouse's lawyer.
What Does Hiring a Lawyer Actually Buy?
Four things, and you can buy them separately. Drafting, where the lawyer turns your decisions into an agreement with the releases, review clauses and dispute resolution terms a durable document needs. Review of a draft you prepared, as an unbundled service. Independent legal advice before you sign. And mediation of the terms themselves. At SiLaw Group Family Lawyers a separation agreement costs $900 to $8,000 plus GST and PST depending on how many issues are live and how much is already agreed.
Talk to a Lawyer Before You Sign, Not After
Whether you draft it yourselves or we do, the hour of advice before signing is the hour most worth paying for. The first 30 minutes with SiLaw Group are free, by phone, video, or in person in South Surrey. Call (778) 381-9977 or Book Now for a Free Consultation.
This post is legal information, not legal advice. Rules and fees are current to the date of writing and can change.
About SiLaw Group
SiLaw Group Family Lawyers is a Surrey, BC firm practising family law and mediation. Founder Sandy Sihota is an accredited Family Law Mediator, Arbitrator and Parenting Coordinator (Law Society of BC). Articles are legal information, not legal advice.