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Covers effective date requirements, party identification details, recitals and interpretation clauses, guardianship and parenting arrangements, child and spousal support, debt responsibility, property division, death provisions, third-party terms, general clauses, schedules, and appendices. 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The guidance is current to September 4, 2025.","Answer",{"name":112,"@type":107,"acceptedAnswer":113},"What guidance does the checklist give regarding the effective date of the agreement?",{"text":114,"@type":110},"It warns against indicating an execution date before the last party actually signs. It also requires the agreement date not be later than the commencement of spousal support payments and addresses how to frame earlier payments as prior spousal support if needed.",{"name":116,"@type":107,"acceptedAnswer":117},"How should language and process requirements under the Divorce Act be considered?",{"text":118,"@type":110},"Parties may conduct Divorce Act proceedings in English, French, or both official languages. The checklist notes procedures for proceedings under either or both official languages and permits affidavits to be sworn or affirmed by video conference.","https://schema.org",{"og:url":78,"og:type":121,"og:title":59,"og:site_name":91,"og:description":61},"article",{"robots":123,"canonical":78},"index,follow",{"doc_id":125,"site_id":56},282970,1790317428,{"code":4,"msg":5,"data":128},{"doc_id":125,"user_id":129,"nickname":88,"user_avatar":130,"doc_module":9,"category_id":45,"category_name":46,"doc_title":59,"doc_description":61,"doc_content":131,"file_id":132,"file_url":133,"file_type":134,"file_size":135,"view_count":101,"is_deleted":4,"is_public":9,"is_downloadable":9,"audit_status":9,"page_count":42,"language":136,"language_code":57,"site_id":56,"html_lang":57,"table_of_contents":137,"faqs":138,"seo_title":139,"seo_description":61,"update_tm":140,"read_time":8},8796095462418,"https://ap-avatar.wpscdn.com/avatar/80000253c1241d02b47?x-image-process=image/resize,m_fixed,w_180,h_180&k=1778826106357471780","INTRODUCTION  \nPurpose and currency of checklist. This checklist is designed for use with the CLIENT IDENTIFICATION, VERIFICATION, AND SOURCE OF MONEY (A-1), CLIENT FILE OPENING AND CLOSING (A-2), FAMILY PRACTICE INTERVIEW (D-1), and FAMILY LAW AGREEMENT PROCEDURE (D-2) checklists. The provisions suggested in this checklist must be considered in relation to the particular facts in the matter at hand and augmented and revised as appropriate. The checklist is current to September 4, 2025.  \nLEGEND  \n􀂅    \nCheckbox Important Reminder Deadline or Limitation Date  \nNEW DEVELOPMENTS  \n• Divorce Act. On December 1, 2024, s. 23 of the Divorce Act, R. S.C. 1985, c. 3 (2nd Supp.)(“Divorce Act”) came into force in British Columbia, allowing parties to conduct Divorce Act proceedings in English, French, or both official languages.  \n• Supreme Court Family Rules. Recent amendments to the Supreme Court Family Rules, B.C. Reg. 169/2009 include procedures to conduct proceedings in either or both official languages under the Divorce Act (Rule 20-7) and permitting affidavits to be sworn or affirmed by video conference (Rule 10-4(6.1)) .  \n• Division of Pensions Regulation. Effective January 1, 2025, amendments were made to the Division of Pensions Regulation, B.C. Reg. 348/2012, including: requiring plan administrators to notify limited members not yet receiving benefits, on an annual basis, of the earliest date to which the limited member is eligible to receive pension benefits (s. 11(1)(c)); new provisions for dividing LIRA and LIF benefits (s. 17(1.1); new provisions for dividing annuities “not purchased by an administrator”(s. 17.1); and revised forms.  \n• Family Law Act. Amendments to the Family Law Act, S.B.C. 2011, c. 25 (the “FLA”) received Royal Assent on May 1, 2023, including amendments to: rules applying to the presumption of advancement or presumption of resulting trust (s. 81.1); exclusions applying to excluded property (ss. 85(3) and 96); designations of limited members (s. 113(2)); disability benefits (s. 122); and calculation of a limited member’s proportionate share on death of a member prior to pension commencement (s. 124) . The applicability of certain amendments may depend on whether the family law proceeding is a “pre-existing proceeding”, meaning a proceeding under the FLA respecting property division or to set aside or replace an agreement respecting property division, commenced before May 11, 2023.  \n• Companion animals. Provisions addressing pets as “companion animals” came into force on January 15, 2024, under s. 92 of the FLA. A companion animal is an animal kept primarily for the purpose of companionship, and spouses may make agreements over who has ownership of, or right of possession to, a companion animal (s. 92(e) to (g)) .  \nOF NOTE  \n• Aboriginal law. If the client or the other party has ties to an Indigenous community, special considerations may apply (e.g., see items 1.13 and 2.18.6 in the FAMILY PRACTICE INTERVIEW (D-1) checklist). Note the requirements of Part 10, Division 3 of the FLA, which sets out standing and notice in cases concerning Nisǥa’a and treaty First Nations children and treaty lands. The Family Homes on Reserves and Matrimonial Interests or Rights Act, S.C. 2013, c. 20, (the“FHRMIRA”) applies to married couples or common-law partners living on-reserve lands, whereat least one spouse is a First Nation member. The FHRMIRA provides mechanisms for First Nations to create laws pertaining to matrimonial real property and sets out provisional federal rules for use until First Nations establish their own laws. Consider seeking the advice of a lawyer with experience in Aboriginal law. Further information on Aboriginal law issues is available on the “Aboriginal Law” page in the “Practice Areas” section of the CLEBC website ([www.cle.bc.ca](www.cle.bc.ca)) and in other CLEBC publications.  \n• Tax alert. As some aspects of a separation agreement may have significant tax implications for the parties, i","cbCaifsYwWQm53ap","https://ap.wps.com/l/cbCaifsYwWQm53ap","pdf",512382,"English","# Introduction\n## Purpose and currency\n# Legend\n# New developments\n## Divorce Act\n## Supreme Court Family Rules\n## Division of Pensions Regulation\n## Family Law Act\n## Companion animals\n# Of note\n## Aboriginal law\n## Tax alert\n## Law Society of British Columbia\n## Additional resources\n# Contents\n## Effective Date of Agreement\n## Names and Addresses of Parties\n## Recitals\n## Introductory/Interpretation Clauses\n## Guardianship\n## Parenting Arrangements\n## Contact with Child (If Applicable)\n## Child Support\n## Spousal Support\n## Responsibility for Debts\n## Division of Property\n## Provision for Death\n## Substantive Terms with Third Parties\n## General Clauses\n## Schedules\n## Appendices","[{\"question\":\"What is the purpose and currency of this checklist?\",\"answer\":\"It supports preparation within the client identification, verification, and source of money workflow, plus related family practice interview and family law agreement procedures. The guidance is current to September 4, 2025.\"},{\"question\":\"What guidance does the checklist give regarding the effective date of the agreement?\",\"answer\":\"It warns against indicating an execution date before the last party actually signs. It also requires the agreement date not be later than the commencement of spousal support payments and addresses how to frame earlier payments as prior spousal support if needed.\"},{\"question\":\"How should language and process requirements under the Divorce Act be considered?\",\"answer\":\"Parties may conduct Divorce Act proceedings in English, French, or both official languages. The checklist notes procedures for proceedings under either or both official languages and permits affidavits to be sworn or affirmed by video conference.\"}]","Separation Agreement Checklist - 3 - Family Law Agreement Procedure | PDF",1789586403]