How Long Does my Marital Separation Last?
An unmarried or married couple is deemed to have separated, once at least one of the couple decides that the relationship is untenable, and informs their partner about their feelings. The couple does not have to be in agreement over the separation; just one partner can choose to end the relationship and the separation will come into effect. Typically, spouses will stop living as a couple after they separate. The majority of people stop sleeping together, stop running errands for one another, stop dining together and stop socializing together.
Spouses do not have to live in different houses to be classed as separated. Occasionally, spouses opt to remain at their current address (usually in different bedrooms), due to financial considerations. For most people, it is more affordable to live under one roof and share the household bills, rather than live separately.
Not all separated couples stay apart forever. Some of them attend therapy sessions, in the expectation that they will ultimately get back together. Notwithstanding, for other couples, there is no prospect of reuniting and the separation signifies the end of their relationship.
Marital Separation Agreements in Focus
Separation agreements are a way of documenting how couples resolve the matters related to the ending their relationship. Examples of these matters include who the children will live with, and who will decide on the children’s care arrangements. This is referred to as parenting arrangements and parental responsibilities in the Family Law Act. It is referred to as custody in the Divorce Act.
Other examples of these matters include whether one partner can claim financial assistance to meet their living costs and, if they can, who ought to offer that assistance and in what quantity. This is referred to as spousal support. Also, these matters cover how the couple will financially support the children. This is referred to as child support.
Separation agreements are wise for a couple of reasons. Firstly, they are legally enforceable. Secondly, it is far less expensive and usually faster to address these issues out of court. Typically, these agreements remain valid until the death of one spouse. If an agreement is temporary, it will be clearly stated.
How Long Does Marital Separation Last?
When it comes to martial separation, there are no time restrictions. Divorces will never be granted due to a separation, or immediately after one. Actually, a spouse can stay separated from their partner on an ongoing basis, without getting divorced. A divorce only becomes legally necessary if one partner wants to remarry. This rule is only overridden if a spouse files for divorce on the basis of cruelty or adultery.
Twelve Month Period of Separation
A spouse who files for divorce on the grounds of separation, has to have been separated from their partner for at least twelve months. You can start filing for a divorce immediately after you separate, however you will not be granted a divorce by the courts until the twelve months have passed. Sometimes, couples reunite during their twelve month separation period. However, this does not count as the end of their separation period, until they have been reunited for at least three months.
This rule is designed to give couples some breathing space, to repair their relationship and rekindle their love, without holding up a divorce should their efforts be unsuccessful. If a couple gets back together for at least three months, but then separates again, they will have to start a new twelve month period of separation, prior to obtaining a divorce. Before they sign a separation agreement, both spouses should educate themselves about their legal rights.
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