Legal Separation: What is a Marital Separation?
Legal Separation: What is a Marital Separation?Unlike a divorce, a marital separation does not end the marriage. It allows married and common-law couples to enter into a period of legal “separation.”
In order to be legally “separated,” you and your spouse must be living separate and apart and there must be no reasonable prospect of reconciliation. However, it can sometimes be complicated to determine when you and your spouse actually separated since you can reside under the same roof and still be legally separated.
Do I Need A Lawyer for Separation in Ontario?
Under these circumstances, it takes the expertise and knowledge of a skillful family lawyer to determine whether you and your spouse are legally separated. Our divorce lawyers at Fine & Associates Professional Corporation have the experience necessary to help you through the legal complications of your separation.
A Separation Agreement is enforced under the principles of Family Law Act, therefore an experienced family lawyer’s professional help is important if you want an airtight contract. Due to discrepancies in a self-crafted agreements, you may still end up at the family court.
Read more on how we help you draft your Separation Agreement.
Marital Separation Proceedings in Canada
To legally separate from your partner in Canada, there must be what is called “no reasonable prospect of reconciliation.” In addition, it is preferable if you and your spouse enter into a Separation Agreement so that you can assert and protect your spousal rights. Our experienced professionals at Fine & Associates Professional Corporation will guide you through your marital separation and help you address the following issues arising out of a legal separation (which would then be incorporated into a Separation Agreement):
- Separation Agreement
- Division of Property: Assets, and liabilities, tax implications, the fate of the matrimonial home
- Child Custody
- Child Support
- Child Visitation
- Spousal Support
Once you have separated from your spouse, it is important to address all outstanding issues such as property division, support payments or parenting arrangements after separation. For example, there should be a determination of one spouse’s child support or spousal support obligations. In addition, it is important to determine how the property accumulated during the marriage will be divided. Once a Separation Agreement in Ontario is finalized, it allows you to reassess your life goals and come to a decision about whether or not you want to remain married. You can still reconcile with your spouse if you have already entered into a Separation Agreement. However, if you reconcile for a period of 90 days or more, the Separation Agreement will no longer be effective. At Fine & Associates Professional Corporation, we have the knowledge and experience necessary to advocate for you during this difficult time in your life. Let our experienced family law lawyers guide you through your legal separation to give you the peace of mind you need to plan for your future.
The Most Important Next Steps for Legal Separation
If you are considering a legal separation, contact our experienced family law lawyers as quickly as possible!
We will alert you to the important steps you must take to prepare yourself for a separation, including, but not limited to: preventing your spouse from depleting his/her assets, freezing any assets, ensuring that debts are not being incurred that you could be liable for, preventing children from being removed from the jurisdiction etc.
Experienced divorce lawyer Lorne Fine is here to guide you through the emotionally complex and difficult process of separating from your spouse.
Related Information
- Living Separate and Apart in the Same Residence
- Understanding Marital Separation Agreements
- The Marital Separation Checklist
- Filing A Separation Agreement
Contact a Separation Lawyer in Toronto for a Free Consultation
If you are pursuing a divorce or separation from your spouse and need help preparing a legal Separation Agreement in the Greater Toronto Area or elsewhere in Ontario, Fine & Associates Professional Corporation can help. Our firm is solely dedicated to helping people face the challenges of family law and divorce proceedings. When you contact us for legal representation and independent legal advice we’ll take the time to understand your unique situation and family matters. We will provide you with the information you need to make the best choices for your future. Contact family law lawyer Lorne Fine about your legal separation, divorce application and other divorce concerns for a no-cost initial consultation.