If your agreement covers the distribution of ownership, you should receive independent legal advice. A lawyer for each of you must sign a document to confirm this. BC Family Law encourages couples to use agreements to solve family problems. If you do, there are a few important rules you should remember: the above points are just points you should take into consideration. For legal advice, contact a family lawyer near you who knows how to break up your body. Back to the top of the page To get the fees and charges cancelled, you must complete and submit an affidavit. If your fees and charges are thus waived, you do not have to pay the fees that the deputy sheriff or constable pays for the service of court documents – the state pays. Depending on your situation, the court may ask you for additional information and documents. Justice forms tell you what information is needed. See how much it costs to file for divorce? and I can`t afford the fees, can I still file for divorce?) If you have a separation contract and want to divorce, you can file for an uncontested divorce. There is a fee to file for divorce and get a subpoena.
As of August 15, 2012, the registration fee is $200.00, plus an additional $15.00, and a summons costs $5.00. Notification to your spouse, designated as a trial service, can cost around $30.00 or more if he or she resides far away. (See Does it cost money to file for divorce or separate help?) If you have dependent children, you must attach your consent to one of the sworn insurances you submit to the court as part of your divorce application. Unlike a divorce, separation without a break in body does not end your marriage. A spouse files a divorce petition in which he claims “irretrievable failure of marriage”. Whether the other party consents or not, the plaintiff (the person seeking divorce) can be heard at least six months after the complaint is filed. No affidavit or separation agreement is required. Mediation usually lasts up to six or seven sessions, but this can vary depending on the complexity. If an agreement is reached, the Mediator establishes the terms of the agreement. It is recommended that people be independent before signing the agreement.
If you divorce, you and your spouse can enter into a written separation agreement that sets out how issues related to the end of your marriage are handled. The agreement should concern custody of the children, parental leave or visits, assistance to the children, your help (alimony), division of your property (including pensions), passage from the marital home, including the owners of the property, who will live in the marital home, divide up your debts and remove the name you had before your marriage. A separation agreement is only good if both spouses sign it. It is normally part of the divorce order. If you decide to write your own agreement, read as much as you can about separation agreements before you start writing one..