British Columbia Separation Agreements for Expats and Digital Nomads: What You Need to Know

What Expats and Digital Nomads Need to Know About a British Columbia Separation Agreement

You built your life in British Columbia. Then things changed: maybe a job opportunity abroad, a contract that took you overseas, or a decision to work remotely and see the world while you could. Digital nomads, expat workers, and internationally mobile couples are increasingly common, and separation doesn't wait until you've settled back home. If you or your spouse is living outside the province, whether temporarily or indefinitely, you may be wondering whether you can still use British Columbia law to sort out your separation. For many couples, the answer is yes, and the process is more straightforward than you might expect.

Does British Columbia Law Still Apply to You?

The fact that you or your spouse no longer lives in British Columbia doesn't automatically mean British Columbia law no longer applies to your separation. What matters is your connection to the province.

Under the Family Law Act, British Columbia may have jurisdiction over property division where there is a real and substantial connection to the province. That connection exists when either spouse is habitually resident in British Columbia, when the most recent common habitual residence of the couple was in British Columbia, or when property that is the subject of the separation is located in British Columbia. Spouses can also agree, either in their separation agreement or otherwise, to submit to British Columbia jurisdiction. For most expat and digital nomad couples we work with, the connection exists through a combination of shared history here and property still owned in the province.

In practical terms, this means that couples who built their lives here, even if one or both parties have since moved on, can still enter into a British Columbia Separation Agreement. If you owned a home here, raised your family here, or simply lived here together as your primary home base, that connection is likely sufficient.

Which Law Governs Your Agreement?

When spouses choose British Columbia law to govern their separation agreement and have a real connection to the province, British Columbia's Family Law Act applies. This gives you a clear, well-developed legal framework for dividing property, making parenting arrangements, and addressing support.

Including a clause in your separation agreement that confirms British Columbia law governs is a straightforward way to avoid ambiguity, and it's something we address as a matter of course.

How Our Online Process Works

Our entire process is conducted online, which makes it particularly well-suited to couples who are living in different cities, different provinces, or different countries entirely.

Mediation sessions take place by video using technology that works on any computer, tablet, or smartphone. We actually strongly recommend that each spouse joins from a separate location, even in amicable situations when they live in the same city, so there can be no perception that either person was pressured into an agreement.

Financial disclosure is exchanged through a secure Client Portal, where both spouses and the mediator can view uploaded documents. All correspondence and document preparation happens electronically throughout the process.

Many clients find that online mediation actually makes it easier to stay focused. Without the emotional weight of sharing a physical space with a spouse, sessions tend to be more productive and efficient.

Do You Need to Be in British Columbia?

No. Both spouses can participate from anywhere in the world, as long as the couple agrees that British Columbia is the appropriate jurisdiction for their agreement. We regularly work with couples to prepare their Separation Agreement when one or both spouses are living abroad or working as digital nomads.

If neither of you has ties to British Columbia but you would still like our help reaching the terms of an agreement, we can mediate for you and prepare a Memorandum of Understanding, which you can then take to a lawyer in your jurisdiction to prepare the appropriate final documentation under your local law.

Independent Legal Advice

It is recommended that obtain Independent Legal Advice (ILA) from a British Columbia family law lawyer before you sign the agreement. This is recommended so that you are fully informed about your rights and obligations, you understand exactly what you’re signing, and the agreement contains all of the terms you’d like to cover. Obviously, this is a very important document. Although obtaining ILA is recommended, it is optional in British Columbia. If you’d like ILA, most lawyers will make themselves available for a virtual meeting.

How Signing Works From Abroad

If you and your spouse are in different locations, here is how the signing process works:

• One spouse prints the agreement, signs it in front of a witness who will also sign the agreement, and then scans and emails the signed copy to the other spouse;

• The second spouse prints that copy, signs it in front of their own witness who will also sign the agreement, and scans and emails the fully signed copy to the spouse who signed first.

At the end of this process, each spouse will end up with a fully signed agreement.

Your witness does not need to be a lawyer or notary. They simply need to be present when you sign and sign the document themselves to confirm they witnessed your signature.

A Note on Enforcement

A British Columbia Separation Agreement is a legally binding contract. If your situation involves assets or ongoing obligations in multiple countries, it is worth getting independent legal advice about how your agreement will be recognized and enforced in the jurisdictions where you have assets or where either of you lives. This is particularly relevant if you own property outside Canada or if you anticipate one spouse remaining abroad long term.

Ready to Get Started?

If you're not sure whether your situation qualifies or you have questions about how the process works from abroad, we're happy to talk it through. Book a consultation and we can walk you through the next steps.