Some Misconceptions about Legal Separation Agreements
Product description:The simplest, cheapest fastest divorces use separation as the grounds or reason. Works every time. Saves thousands of dollars.This is where a legal separation agreement comes in very handy as it establishes the precise separation date.
CanLawGuide to Family Law
Separation - Divorce - Custody Access - Support - Child Support Paternity - Property Division
To get a divorce in Canada you and your spouse must be separated for one year.
A legal separation documents that fact, but a "Legal Separation" is neither a requirement nor a legal term.
We recommend that you both prepare a Separation Agreement as proof of your separation in case you are challenged. It is cheap insurance and helps avoid delays.
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 ends a legal separation. This is not true. The Divorce Act allows couples to reconcile for a period or several periods totalling 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.
CanLaw's Guide To The Law For The Layperson On Divorce, Separation Agreements, Custody, Access, Child Support, Spousal Support And Equalization Issues