What is the definition of a separation agreement in s. 43 of the Divorce Act?

37 The most recent case to discuss the definition of "separation agreement", as it is used in s. 43 of the Act, is Ladner v. Ladner, (29 September 1995), Vancouver D069346 (B.C.S.C.). After reviewing the case law, Parrett J. concluded: In my view, the principles to be derived from the authorities and, in particular, the language used in Rutherford can be distilled to this: (1)The agreement must be clear and unequivocal and final in the sense that it is not simply an agreement to separate for a trial period or while attempts to reconcile are pursued, and; (2)The agreement must meet the usual contractual requirements and be intended to have legal effect with respect to the rights and obligations of the parties... It is not necessary, in my view, that an agreement deal with all of the various rights and obligations arising between the parties provided that it meets these criteria.