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What does the law say about Separations and Divorce
Let's Clear Up Some Misconceptions about Legal Separations and Divorce
To get a divorce in Canada you and your spouse must be separated for one year.
Here are the Facts About a Legal Separation in Canada.
A legal separation documents that fact, but a "Legal Separation" is neither a requirement nor a legal term.
There are commonly held ideas about legal separation that simply are not true. Some of the more common myths abour separations are listed on this page
CanLaw's Guide to the Law for the layperson on Divorce, Separation agreements, Custody, Access, Child Support, Spousal Support and Equalization issues.Applies to Divorce in Ontario, Divorce in PEI, Divorce in Quebec, Divorce in British Columbia, Divorce in Alberta, Divorce in Manitoba or anywhere else in Canada
To be legally separated, you and your spouse must live in different homes. Often this is not financially feasible, and if you have children, it is usually in your children's best interests to stay at the matrimonial home until custody and access arrangements have been worked out. However this seldom applies to men. Women are given preferential treatment in all custody matters which usually means they get to keep the family home. The father gets to live in a one room basement apartment while paying for his former house, if he is lucky.
A temporary reconciliation end a legal separation. This is not true. The Divorce Act allows couples to reconcile for a period or several periods totaling up to 90 days without affecting the one year separation period.
Date of Separation:
The exact date the legal separation started matters. This is where a legal separation agreement comes in very handy as it establishes the precise separation date. One full year of separation needs to pass before a divorce is granted. The date of separation is also important for other legal issues, such as the division of property. If assets have changed radically in and around the separation date, the courts will consider their division carefully.
Single Parent travelling alone with minor children?
It Only Takes One to Separate:
Both parties do not need to agree to a legal separation. If one spouse unilaterally decides to separate and takes action in that regard, the couple is separated, even if the other spouse does not want this.
Formal Separation Agreement:
There does not need to be a separation agreement for the parties to be legally separated. A separation agreement is a document that outlines all the rights and responsibilities of the spouses whose marriage is ended. Normally, it will need to be agreed upon before a divorce is granted. However, it is not necessary to sign a separation agreement, for a couple to separate. A separation document is a voluntarily agreement that the parties have separated and usually outlines property, custody and other matters. They are not necessarily binding on the court. Women often complain they felt pressured to sign and should not be held accountable. The courts fall for this scam most of the time.
No Need to Divorce to be Separated Forever:
You do not need to get a divorce if you are legally separated. A divorce simply says you are free to remarry some time in the future if that is what you choose. You and your spouse can stay legally separated for the rest of your life. if that is what both of you choose.
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CanLaw's Guide to the Law for the layperson on Divorce, Separation agreements, Custody, Access, Child Support, Spousal Support and Equalization issues.