Do I Need a Lawyer For a DIY Separation Agreement?

Understand the role of legal advice in a DIY Separation Agreement.

The role of Independent Legal Advice when creating your own Separation Agreement

Chances are, If you’re searching for a DIY Separation Agreement, a Separation Agreement template in BC, it’s because you want to avoid lawyers, more drama, and a drawn out process. Or maybe your situation is simple and you don’t want anyone to overcomplicate your situation.

For many couples in British Columbia, a DIY Separation Agreement can be an appropriate option, especially when both people are cooperative, transparent, and largely on the same page. Regardless of your situation it’s important to know that choosing to use a Separation Agreement template or online platform doesn’t mean you have to avoid lawyers all together. In fact, understanding how lawyers can fit into the DIY Separation Agreement route can help you take time to ensure you’ve created a strong and reliable agreement.

If you’ve decided that creating your own Separation Agreement is right for you, in this article we will explain some key reasons it’s important to include a family lawyer in at least a part of the process while choosing to create your own Separation Agreement.

Are Separation Agreement Templates and Forms Enough?

Many people start with a separation agreement template or downloadable separation agreement form. These can be helpful for understanding structure, common clauses, and the types of issues that need to be addressed, like parenting arrangements, child support, spousal support, and property division.

However, templates are inherently generic. They don’t:

• Adjust for BC-specific legal requirements.

• Reflect your exact financial or parenting situation.

• Catch issues that could make an agreement unenforceable later.

  
  

This is why many people in BC choose to have some degree of guidance, like using a structured platform that adapts the agreement to their inputs, calculations, and decisions, rather than relying on a static template alone, and/or getting independent legal advice on the draft Separation Agreement before they sign.

What is Independent Legal Advice

Independent legal advice (often called ILA) means that each party to a separation agreement meets privately with their own family lawyer to understand their legal rights, obligations, and options under BC family law, before signing a legally binding agreement.

If you are choosing to DIY your Separation Agreement, independent legal advice could look like completing your agreement on a platform like Divii, and then meeting with a lawyer to have them review your agreement on your behalf. On your behalf means the lawyer will read the agreement with your rights, responsibilities, and what’s fair under the law for your situation. Your spouse’s lawyer will do the same.

Your lawyers may suggest changes to the agreement to make it more fair, or add something that is particular to your situation. You and your spouse can choose whether or not to include the recommended changes into your Separation Agreement.

Why getting legal advice for your DIY Separation Agreement is important

Choosing to get legal advice demonstrates fairness in your agreement. It shows that you met with a lawyer who reviewed your agreement with you, ensuring you are entering into the agreement fairly. When you meet with a lawyer, it demonstrates that you understood the decisions you made in the agreement itself, and you understood those decisions in light of the law.

1. It Demonstrates Fairness and Transparency

Getting independent legal advice shows that your separation agreement was entered into fairly and thoughtfully. It confirms that each person had the opportunity to understand their rights and obligations before signing, rather than feeling rushed, pressured, or uninformed. This matters not only to you, but also if the agreement is ever reviewed later.

2. It Confirms You Understand the Agreement and the Law Behind It

When you meet with a lawyer, they don’t just read the agreement aloud. They explain how the terms apply to your situation and how they align with BC family law. This helps ensure that the decisions you made were informed decisions, made with a clear understanding of your legal position and available options.

3. It Reduces the Risk of Future Challenges

Courts look closely at whether each party received independent legal advice when deciding whether to uphold a separation agreement. Having legal advice documented makes it far less likely that the agreement will be challenged on the basis of unfairness, misunderstanding, or lack of disclosure.

4. It Catches Gaps, Errors, and Missing Provisions

Even well-prepared DIY agreements can miss details. A lawyer acts as a final quality check, reviewing language, spotting inconsistencies, and identifying issues you may not have considered, such as tax implications, enforcement wording, or future-proofing for changes in circumstances.

5. It Ensures the Agreement Reflects Your True Intentions

Legal advice helps confirm that what’s written in the agreement actually matches what you and your spouse intended. Lawyers are trained to spot ambiguous wording and clarify terms so there’s less room for misunderstanding later.

6. It Provides Peace of Mind

Perhaps most importantly, legal advice gives you confidence. You can move forward knowing that you understand the agreement, that it’s legally sound, and that it reflects a fair and informed outcome. When done right, you can get all that without giving up control of the process.

Confirming your Independent Legal Advice

If you choose to get legal advice, you should include a Certificate of Independent Legal Advice that will be attached to your agreement and signed by your lawyer. The certificate should state that you met with your lawyer, they explained your legal rights and position to you, they reviewed your Separation Agreement, and you appeared to know and understand your legal position under the law.

If you are using Divii and have chosen the option of getting legal advice on the Agreement Builder, it will include this certificate for you.

The strategic approach to independent legal advice

Instead of avoiding lawyers completely, consider a hybrid route that allows you to do the majority of work, while saving you time, money, and reducing stress during the separation process.

The 90/10 hybrid legal approach to separation

At Divii, you’ll hear us frequently talk about the hybrid legal approach. We understand no one wants a lawyer to hijack your separation and drag out the divorce over two years when, quite simply, it could’ve likely been solved in two months.

The most reasonable approach involves dividing the work strategically. Handle 90% of the work yourself, including:

• Organizing documentation and financial records

• Learning basic legal principles relevant to Separation Agreements

• Running support and property calculations

• Finalizing initial decisions

• Drafting the agreement

  
  

Then, a lawyer can help you with the remaining 10%, which involves reviewing your separation agreement and providing you with personalized legal advice. This approach can save you thousands of dollars in legal fees.

Remember, not every lawyer is adversarial

Lawyers sometimes get a bad rap, often because of what we see in movies or stories we hear from friends about separations that spiraled into long, expensive battles. Most people know someone who went through a drawn-out divorce process, and it’s no surprise that many want to avoid that kind of conflict if they can.

You may have heard about, or experienced, a situation where legal fees added up quickly without much visible progress. That can be frustrating and it’s often what shapes people’s concerns about involving lawyers at all. As with any profession, experiences can vary, and a small number of poor experiences can leave a lasting impression.

It’s important to know that there are a lot of family lawyers in BC who genuinely want to help, and who want to make the process as simple and as smooth as possible for you. These are the lawyers you want to look for when choosing to DIY your Separation Agreement. If you want more information on how to choose the right lawyer, check out our resource on what to keep in mind when hiring a family lawyer during your divorce.

The Choice is Yours

While we’ve laid out all the reasons to include a lawyer as a part of the DIY Separation Agreement process, the choice is ultimately yours. You can still have a legally binding agreement if you choose not to see a lawyer during any part of the process.

If an agreement is later challenged in court on the basis that it is unfair, a judge will look at whether or not each person received independent legal advice. This demonstrates that both parties understood their legal rights, options, and the consequences of the decisions they made.

If a court finds that an agreement, or part of an agreement, is unfair, whether with a DIY Separation Agreement or an agreement drafted by a lawyer, it has the authority to review and set aside those provisions.

If you are using Divii’s Agreement Builder with legal review, Divii will ensures your agreement includes a Certificate of Independent Legal Advice, adding credibility and enforceability to your DIY Separation Agreement.

In Summary

If you are looking to draft your Separation Agreement on your own and avoid lawyers all together, that’s okay, you can. So long as it’s signed an witnessed properly, it’s a binding document. Just know that it’s always highly recommended to have a lawyer review your agreement before you sign it. It’s helpful to understand there is a hybrid legal approach that allows you and your spouse to maintain control of the process during the separation, while still receiving independent legal advice where it matters most.

If you’re looking to create your own Separation Agreement, Divii can help. Start drafting your Separation Agreement with Divii here.

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Frequently Asked Questions About Using a Lawyer for DIY Separation Agreements

Do I need a lawyer if I DIY my Separation Agreement?

While you can create a Separation Agreement on your own, getting independent legal advice is strongly recommended. A lawyer ensures your rights are protected, your agreement is fair, and it complies with BC family law. You can still have a legally binding Separation Agreement without seeing a lawyer, but seeing a lawyer adds a layer of protection if the agreement is challenged or questioned later on.

What is independent legal advice for a DIY Separation Agreement?

Independent legal advice is when you and your spouse each meet with your own lawyers separately to review the agreement, understand your rights, and receive personalized legal guidance. This process demonstrates fairness and can be documented with a Certificate of Independent Legal Advice.

How much does legal advice cost for a DIY Separation Agreement?

Costs vary depending on your lawyer and complexity of your situation, but using a hybrid 90/10 approach, where you do most of the work yourself and pay a lawyer only to review, can save thousands of dollars compared to full-service legal representation.

Can a DIY Separation Agreement be enforced in court?

Yes. If your agreement is fair, voluntary, and confirms that all financial documentation has been disclosed, and confirms that you received legal advice, a court will typically enforce it. Including a Certificate of Independent Legal Advice increases the likelihood your Separation Agreement will hold up if challenged.

How do I choose the right lawyer for my DIY Separation Agreement?

Look for family lawyers in Canada or BC who have experience with Separation Agreements, a reputation for fairness, and a collaborative approach. Our guide on hiring a lawyer for DIY Separation Agreements can help you find the right fit.

What if my DIY Separation Agreement needs changes after legal review?

Your lawyers may suggest modifications to ensure fairness or legal compliance. You and your spouse decide whether to incorporate these changes while still keeping the DIY approach.

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All content on Divii.ca is meant to provide general information about separation and divorce and is not and should not be considered legal advice. It's always highly recommended to seek independent legal advice from a lawyer during your separation.